(Prayer: Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring Memo F.No.130/Permission/GNT/2023 dated 23.06.2026 issued by the 2nd Respondent permitting the 3rd Respondent to conduct Muharram/Peerla Sharagath Utsav at the Ashoorkhana situated at Turakapalem Village, Medikonduru Mandal, Guntur District as illegal,, arbitrary, without jurisdiction, ultra vires the provisions of the Wakf Act, 1995 and violative of Article 14 of the Constitution of India and consequently set aside the said Memo and further direct the Respondents not to recognize, confer or acknowledge any exclusive or preferential right in favour of any rival claimant concerning the n conduct of Rana Hussain Peer Sharagath or Muharram ceremonies in the subject Ashoorkhana until final adjudication and declaration of rights by the competent Civil Court in O.S.No.160 of 2017 and pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to suspend the operation of, Memo F.No.130/Permission/GNT/2023 dated 23.06.2026 issued by the 2nd Respondent and all consequential proceedings arising therefrom and consequently restrain Respondent Nos.2 and 3 from acting pursuant to the said Memo pending disposal of the above Writ Petition and pass)

1. This Writ Petition has been filed challenging the memo issued by respondent no.2-Chief Executive Officer, vide Memo F.No.130/Permission/GNT/2023, dated 23.06.2026 permitting respondent no.3 to conduct Muharram/Peerla Sharagath Utsav at Ashoorkhana situated at Turakapalem village, Medikonduru Mandal, Guntur Cistrict.

2. Heard Sri Bhooma Maharsi Reddy, learned counsel, representing Sri Ancha Pandu Ranga Rao, learned counsel for the petitioner, Sri Shaik Khaja Basha, learned Standing Counsel for Waqf, and Sri Harsha Vardhan, learned counsel for respondent no.3.

3. Sri Bhooma Maharsi Reddy, learned counsel, while reiterating the contents of the writ affidavit would contend that forefather’s of the petitioner had conducted and administered Rana Hussain Peer Sharagath at Turakapalem village for more than three centuries and after their lifetime the petitioner has been continuously performing the said custom, which is not a creation of waqf board. He further contended that father of respondent no.3 filed suit vide O.S.No.84 of 2000 claiming rights in respect of the same Sharagath, which was dismissed after full-fledged trial and the said dismissal order attained finality and thereafter he again filed another suit O.S.No.160 of 2017 in respect of the self same Sharagath and obtained ex parte interim injunction and the petitioner aggrieved thereby filed Receive and Transmit Petition No.26 of 2017 and this Court suspended the operation of ex parte injunction and having regard to the urgent situation prevailing during the Muharram festival of the year 2017, directed the Andhra Pradesh State Waqf Board to nominate an appropriate person to conduct the Muharram for the said year, which is only a temporary arrangement, without adjudicating the rival claims of the parties. He further contended that thereafter, the petitioner filed CMA questioning the ex parte orders passed in O.S.No.160 of 2017 and the said CMA was allowed setting aside the injunction order and the CRP filed by respondent no.3 against the orders passed in CMA was dismissed by this Court and the issue regarding entitlement to conduct Rana Hussain Peer Sharagath remains pending before the competent civil Court. He further contended that earlier the respondent no.2 issued Memo dated 03.07.2025 permitting respondent no.3 to conduct Muharram and the said memo was questioned by the petitioner by filing W.P.No.16891 of 2025 and during pendency of Writ Petition since the Muharram festival period of the year 2025 came to an end, the said writ petition was dismissed as infructuous. He would finally contend that since the issue regarding entitlement to conduct Muharram is pending before the Competent Civil Court, the Waqf Board is not competent to issue the memo impugned and therefore, the impugned memo having been issued without any power, authority or jurisdiction is liable to be set aside.

4. On the other hand, Sri Shaik Khaja Basha, learned Standing Counsel for Waqf, would contend that the impugned memo was issued authorizing respondent no.3 to perform Muharram celebrations for one day i.e. on 25.06.2026 only, specifically mentioning therefore that he shall not claim any rights regarding management rights of the said institution and therefore, the contentions that the waqf board issued the impugned memo deciding the issue pending before competent civil Courts is untenable. He would further contend that there is neither illegality nor procedural irregularity in issuing the memo and there are no grounds warranting interference of this Court. Accordingly, prayed to dismiss the Writ Petition.

5. Whereas, Sri Harshavardhan , learned counsel for respondent no.3 would contend that respondent no.3 has been conducting Muharram celebrations since 2017 upon obtaining necessary permission from the Waqf Board and the petitioner without making any efforts for redressal of his grievance before the Waqf Board has been filing writ petitions challenging the proceedings issued by Waqf Board authorizing respondent no.3 to conduct Muharram celebrations. He would further contend that if at all the petitioner wants to claim rights to conduct Muharram celebrations he has to agitate before the Waqf Board seeking appropriate relief but not by filing writ petitions finding fault with the orders passed by Waqf Board that too at the last minute and when the permission granted is about to expire and he would further contend that respondent no.3 was authorized to conduct Muharram celebrations on 25.06.2026 and this writ petition was filed on 24.06.2026 whenever the Waqf Board grants permission, the petitioner is resorting to the same practice. He would further contend that there is no illegality nor procedural irregularity in issuing the impugned memo and the Writ Petition being meritless deserves dismissal. Accordingly, prayed to dismiss the Writ Petition.

6. Perused the material available on record and considered the submissions made by learned counsel for the parties.

7. Through the impugned memo respondent no.3 was permitted to conduct Muharram Celebrations for one day on 25.06.2026. The Permission was granted on 23.06.2026 and the writ petition was filed on 24.06.2026. It is also relevant here to note that as per the contents of the writ affidavit, the writ petition filed challenging the proceedings granted to respondent no.3 to conduct Muharram celebrations of the year 2025 was dismissed as infructuous since the Muharram festival period was over.

8. The Photostat copies of the Memos issued by the Andhra Pradesh State Waqf Board placed by respondent no.3 would indicate the respondent no.3 was permitted to conduct Muharram celebrations for the years 2018, 2023, 2024, 2025 apart from the permission granted to him to conduct the celebrations for the year 2026 under the impugned memo. Considering the same, since respondent no.3 was permitted to conduct celebrations for the past three (03) consequent years and also having regard to the facts that there are no changed circumstances as of now and further keeping in view that the celebrations are to be conducted tomorrow; setting aside memo and directing the Board to conduct enquiry and issue orders afresh is not possible in view of time constraint, this court is not inclined to go into the merits of the matter and interfere with the impugned memo issued by the Waqf Board. The petitioner as well respondent no.3, if so desires, can move appropriate application/representation before the Waqf Board claiming right to conduct Sharagath as well as Muharram celebrations for future years and on such the Waqf Board shall dispose of the said applications by following due process of law after affording fair and reasonable opportunity of being heard to both the parties.

9. In the above view of the matter, this writ petition is disposed of at admission stage, declining to interfere with the impugned memo due to time constraint and directing the petitioner as well as respondent no.3 to approach the Waqf Board claiming their entitlement to conduct Muharram celebrations, instead of approaching the Board at the last moment and getting permission as was being done so far and on such applications/representations, the Board shall dispose them by following the procedure contemplated under law and as mentioned supra, without being influenced by any observations made in this order. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed.