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2025 DAILYLAW 16326 (AP)

THE MACHILIPATNAM NAYI MASJID (MOSQUE) v. THE STATE OF ANDHRA PRADESH

WP/10968/2025 · 2025-07-20

Venkata Jyothirmai Pratapa

body2025

Judgment text

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I t ■ APHC010215902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 10968 OF 2025 Between: The Machilipatnam Nayi Masjid (MOSQUE), Rep. by its President Abdul Salam, S/o. Abdul Gafoor, aged 65 years, 0pp. Masid Road, Beside the house of Atchaba, Nuruddinpet, Machilipatnam, Krishna District. ...Petitioner AND 1. The State Of Andhra Pradesh, , Rep. by its PrI. Secretary, Home Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Krishna District, At Machilipatnam. 3. The Deputy Superintendent of Police, Machilipatnam. 4. The Circle Inspector of Police, Inaguduru Police Station, Machilipatnam. 5. The Machilipatnam Town Bismilla Flower Merchant Association, Rep. by its President Sayyad Davood, S/o Sayyad Gouse, aged 62 years, R/o D.No. 4-483, Rajupeta, Machilipatnam, Krishna District. 6. The Machilipatnam association. Rep. by its Secretary Taheer Shareef, S/o Dada Shareef, aged 49 years, R/o D.No. 2-244, Chintaguntapal em, Machilipatnam, Krishna District ...Respondents 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS to declaring the action of the respondents2 to 4 in interfering with the civil dispute without any manner of right and directing the petitioner to settle the matter between the petitioner and unofficial respondents 5 and 6 as illegal, arbitrary and unconstitutional colorable exercise of power and voilative of Article 21 of the Constitution of India and consequently direct the respondents 2 to 4 not to interfer in any manner with petitioners right in Shadhikhana being maintained by the Machilipatnam Nayi Masid(Mosque) represented by its President Abdul Salam. lA NO: 1 OF 2025 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 direct the respondents 2 to 4 not to interfer in any manner with affairs of Shadhikhana being maintained by the Machilipatnam Nayi Masid(Mosque) represented by its President Abdul Salam. Pending disposal of the above writ petition. Counsel for the Petitioner: SRI G RAMA KRISHNA Counsel for the Respondent Nos.1 to 4: GP FOR HOME ispondent Nos.5 & 6: SRI NARASIMHA RAO Counsel for the GUDISEVA^^ The Court made the following order: APHC010215902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 10968/2025 [3396] Between: THE MACHILIPATNAM NAYI MASJID (MOSQUE), REP. BY ITS PRESIDENT ABDUL SALAM, S/0. ABDUL GAFOOR, AGED 65 YEARS, OPP. MASID ROAD, BESIDE THE HOUSE OF ATCHABA, NURUDDINPET,MACHILIPATNAM,KRISHNADISTRIC ...PETITIONER AND i. 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, HOME DEPARTMENT, AP. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2.THE SUPERINTENDENT OF POLICE, KRISHNA DISTRICT, AT MACHILIPATNAM. 3.THE DEPUTY SUPERINTENDENT OF POLICE, MACHILIPATNAM. 4.THE CIRCLE INSPECTOR , OF POLICE, INAGUDURU POLICE STATION, MACHILIPATNAM. 5.THE MACHILIPATNAM TOWN BISMILLA FLOWER MERCHANT ASSOCIATION, REP. BY ITS PRESIDENT SAYYAD DAVOOD, S/0 vS/i.YYAD GOUSE, AGED 62 YEARS, R/0 D NO. 4-483, RAJUPETA, MACHILIPATNAM, KRISHNA DISTRICT., 6.THE MACHILIPATNA.M ASSOCIATION, REP. BY ITS SECRETARY TAHEER SHAREEF, vS/0 DADA SHAREEF, AGED 49 YEARS, R/0 D.NO. 2-244, CHINTAGUNTAPALEM, MACHILIPATNAM, KRISHNA DISTRICT ...RESPONDENT(S): Counsel for the Petition ?r: 1.G RAMA KRISHNA Counse? forthe Respondent(S): 1.GP FOR HOME 2.NARASIMHA RAO GUDISEVA The Court made the following: f 2 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: a Writ of Mandamus declaring the action of the respondents 2 to 4 in interfering with the civil dispute without any manner of right and directing the petitioner to settle the rnatter between the petitioner and unofficial respondents 5 and 6 as illegal, arbitrary and unconstitutional colorable^ exercise of power and voilative of Article 21 of the Constitution of India and conseguently direct the respondents 2 to 4 not to interfere in any manner with petitioners right in Shadhikhana being maintained by the Machilipatnam NayI Masld(Mosque) represented by its President Abdul Salam. ” 2. Sri Md.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that, Police are not interfering in the civil dispute between the Petitioner and the unofficial Respondents. 3. For ready reference, the written instructions are extracted hereunder; “We are not interfering into the activities of the Shadikhana. infructions the Writ. ” Hence, 4. Sri G.Rama Krishna, learned counsel for the Petitioner would submit. recording the same, the petition may be disposed of. 5. Considering the submissions made, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. Sd/-AVIJAYA BABU STRAR SECTION OFFICER assistant //TRUE COPY// To, Home Department, A.P. Secretariat, 1. The Principal Secretary, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Krishna District, At Machilipatnam. 3. The Deputy Superintendent of Police, Machilipatnam. 4. The Circle Inspector of Police, Inaguduru Police Station, Machilipatnam. 7. One CC to Sri. G Rama Krishna Advocate [OPUC] 8. Two CCs to GP For Home High Court of Andhra Pradesh [OUT] 9. One CC to Sri. Narasimha Rao Gudiseva Advocate [OPUC] 10.Two CD Copies. AL high court DATED;21/07/2025 \ ORDER WPNO. 10968 OF 2025 W' 0 3 SEP 2025 S^jurwnts^ rn 3^ disposing of the w.p. WITHOUT COSTS