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2025 DAILYLAW 21028 (AP)

Shaik Aarifulla, v. The State of Andhra Pradesh,

WP/14863/2025 · 2025-06-24

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

f ' IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14863 OF 2025 Between: Shaik Aarifulla, S/o. K.Khasim Sab, Aged about 59 years, Occ- Business, R/o.H.No.9-191, Dade Palli, D.Rajuluru, Durgasamudram, Chowdepalle, Chittoor, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Home Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 2. The Superintendent of Police, Chittoor District. 3. The Deputy Superintendent of Police, Chittoor District. 4. Sub-Divisional Police Officer, Palamaner, Chowdepalle Mandal, Chittoor District. 5. The Station House Officer, Chowdepalle Mandal, Chittoor 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 an order, direction, writ, more particularly Writ of Mandamus declaring the action of the Respondents No.4 and 5 in not granting permission for conducting Urse of Hazrat Peer Mashayak Bahadur Ali Shah Baba Dargah from 28.06.2025 and 29.06.2025 as well as police aid for the Urse as illegal, arbitrary, improper, unjust and contrary to law and consequently direct the Respondents No.4 and 5 to grant permission for conducting procession of Urse of Hazrat Peer Mashayak Bahadur Ali Shah Baba Dargah as well as the police aid from 28.06.2025 and 29.06.2025 for two days. 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 to direct the Respondent No.4 & 5 to grant permission for conducting procession of Urse of Hazrat Peer Mashayak Bahadur Ali Shah Baba Dargah for two days as well as the police aid from 28.06.2025 and 29.06.2025 forthwith, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI K RAGHU VEER Counsel for the Respondents: GP FOR HOME The Court made the following order: APHC010296662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457] (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14863/2025 Between; Shaik Aarifulla ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.KRAGHU VEER Counsel for the Respondent(S): 1.GP FOR HOME 2 The Court made the following Order: The petitioner is challenging the in action on part of Respondent Nos.4 and 5 in granting permission for conducting Urse of Hazrat Peer Mashayak Bahadur Ali Shah Baba Dargah on 1. 28.06.2025 and 29.06.2025. Sri K.G.Krishna Murthy, learned Senior Counsel representing behalf of Sri K.Raghu Veer, learned counsel for the petitioner submits that the petitioner has been conducting Urse every year by obtaining permission from the competent authority. However, their representation dated 15.06.2025 was not considered by the respondent Nos.4 and 5. On 23.06.2025, the learned Assistant Government Pleader 2. on 3. sought time to obtain instructions from the respondents. Today, the learned Assistant Government Pleader, on written instructions, submits that in Dadepalli Village, Durga Samudram Panchayath, Chowdepalli Mandal consists of approximately 400 houses and about 375 households collectively celebrate the festival 4. on May 9'^^ and 10 . However, a separate group comprising residents of about 25 houses are planning to organize another Urse festival at the same Dargah on 28.06.2025 and 29.06.2025. It is submitted that there could be unrest in the village and the representation submitted by the petitioner cannot be considered on 3 account of likely disturbance to public peace and law and order in the village. As such, permission was denied for conducting Urse for the 2'^'^ time in the village. It is also submitted that there could be difficulty for the Police in extending the required men for bandobusth purposes for peaceful Orse festival on account of other exigencies in the street. Considering the submissions of learned Senior Counsel and 5. after considering the submissions of the learned Assistant Government Pleader, the 4*^ and 5*^ respondents are hereby directed to accord permission for conducting the Urse of Hazrat Peer Mashayak Bahadur Ali Shah Baba Dargah for a period of two days i.e., on 28.06.2025 and 29.06.2025 and also deploy the Police picket till the completion of Orse. With the above direction, the Writ Petition is disposed off. No 6. order as to costs. Pending miscellaneous petitions, if any, shall stand closed. Sd/- KJ.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// To, , ^ SECTION OFFICER 1. The Principal Secretary, Home Department, State of Andhra Pradesh Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 2. The Superintendent of Police, Chittoor District. 3. The Deputy Superintendent of Police, Chittoor District. 4. The Sub-Divisional Police Officer, Palamaner, Chowdepalle Mandal Chittoor District. 5. The Station House Officer, Chowdepalle Mandal, Chittoor District. 6. One CC to Sri K Raghu Veer, Advocate [OPUC] 7. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 8. Two CD Copies RAM V ■ HIGH COURT DATED:25/06/2025 ^^fOFAtJOS^ S 2 6 JUN 2025 ORDER 0\; WP.No.14863 of 2025 mi: o to, DISPOSING OF THE WP WITHOUT COSTS