if- APHC010319672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT APPEAL NO: 752 OF 2025 Writ Appeal under clause 15 of the Letters Patent to suspend the impugned orders of the 2"^^ Respondent dt.23.06.2025 by permitting the Appellant/ Writ Petitioner to hold Moharam Peerla Festival at Run-Hussain - Panja situated Panja Centre, Commencing on 25-06-2025 to 09.07.2025, Wynchipet, H.No.8-6-1, Vijayawada, Krishna district as per religious customs and rights, in the interest of justice a. Allow this Writ Appeal and Suspension the interim order dated 26.06.2025 in W.P. No. 14990 of 2025 b. Grant interim relief by permitting the appellant to conduct and manage the Moharram Festival from 25.06.2025 to 09.07.2025 as Hereditary Mutawalli. c. Restrain the respondents, especially the Waqf Board, from interfering with the religious and ceremonial duties of the appellant until the pending renewal is decided. Between: Shaik Jeelani @ Saida, S/o. Mehaboob, Aged 41 years. Hereditary Mutawalli, Run Hussani-Peer-Panja, D.No. 8-6-1, Lakshmaiah Street, Panja Center, Wynchipet, Vijayawada, Krishna District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and U.D Department, Secretariat, Velagapudi, Guntur District. 2. The A P State Waqf Board, Rep. by its Chief Executive Officer, Vijayawada, Krishna District. 3. The Commissioner, Vijayawada Municipal Corporation, Krishna District. 4. The Assistant Commissioner of Police, West Division, Vijayawada, Krishna District. 5. The Commissioner of Police, Vijayawada, Krishna District. 6. The District Collector, Krishna District, at Vijayawada. lA NO: 2 OF 2025 ...Respondents 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 Respondents 3 to 5 to accord permission to the petitioner as per letter dt.24-04-2025, 25-05-2025 & 12-05-2025 submitted to the to 5'*^ Respondents to conduct the "Moharam Peerla Festival" at "Run-Hussain- Panja situated at 8-6-1 District, from 25-06-2025 to 09-07-2025 Panja Centre, Wynchipet, Vijayawada, Krishna henceforth by suspending the impugned order dt.23.06.2025 of the 2"'^ Respondent, in the interest of justice pending disposal of the above writ petition. Counsel for the Petitioner: SRI M.V. RAJA RAAM APPEARING FOR M/s. CORPUS JURIS LAW PANEL LLP Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI SHAIK KHAJA BASHA, SC FOR WAKF BOARD Counsel for the Respondent No.3 : SRI S.V.S.S. SIVA RAM, SC FOR VMC Counsel for the Respondent Nos.4 & 5 : GP FOR HOME Counsel for the Respondent No.6 : GP FOR REVENUE The Court made the following: JUDGMENT Bench Sr.No:-103 [3446] APHC010319672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 752 of 2025 ...Appellant Shaik Jeelani @ Saida Vs. ...Respondents The State of Andhra Pradesh and others Mr. M. V. Raja Raam appearing for Corpus Juris Law Panel LLP Advocate for Appellant GP for Home Mr. Shaik Khaja Basha Advocates for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 3rd July 2025 PC : We have heard learned counsel for the appellant. 2. The appellant herein was the petitioner before the learned single Judge, who claimed that he is the hereditary Mutawalli of Hussaini Lanka Peer Panja situated at Panja Centre, Vijayawada. 3. It appears that an enquiry was conducted by the enquiry officer, who by virtue of his report, dated 19.12.2018, held the petitioner as the maternal great grandson of Sk. Dada Saheb, who was the notified Mutawalli. 2 HCJ & RRRJ W.A.No.752 of 2025 The claim of one Sk. Suleman appears to have been rejected by the said enquiry officer. As a necessary consequence of the report submitted by the enquiry officer, the Waqf Board is stated to have approved the name of the appellant and consequently a Gazette notification was issued appointing the appellant as Mutawalli of the said institution for a period of two years. In the meantime, with a view to enforce his right to be notified as a permanent Mutawalli, an application also seems to have been filed on 16.05.2024, which is still pending before the authority and no decision has been taken because the Waqf Board is not properly constituted. 4. In the meantime, the issue that arose for consideration before the 5. learned single Judge was as to who should conduct the Moharrum festival in the said institution from 25.06.2025 to 09.07.2025. 6. The case appears to have been considered and rejected by the Chief Executive Officer on 23.06.2025. No reasons are forthcoming from the order of rejection, dated 23.06.2025. For facility of reference, the order states thus; “A representation in the ref. cited is received requesting to accord permission to conduct Moharrum for the period from 25.06.2025 to 09.07.2025 for the Waqf institution Run Hussaini Panja @ Lanka peer panja, panja centre, Vijayawada. The entire matter was placed before the Hon’ble Chairperson, APSWB, who after careful examination of the 3 HCJ & RRRJ W.A.No.752 of 2025 matter and passed orders to reject the request of the applicant and directed the Inspector Auditor Waqf, NTR District, to conduct Moharrum on the above dates at subject waqf institution to avoid complications. Accordingly, request of Sri Shaik Jeelani @ Saida to accord permission to conduct moharrum of subject waqf institution is considered and rejected.” 7. Clearly the order passed by the Chief Executive Officer on the face of it is a non-speaking order and does not give any reasons as to why the request of the petitioner to conduct the Moharrum festival on the aforementioned dates was rejected even when in the past he had been found to be entitled at least for a period of two years to conduct the said ceremony. Be that as it may, we set aside the order impugned, dated 8. 23.06.2025. Be that as it may, without prejudice to the outcome of the application, which is pending for declaring the appellant as a permanent Mutawalli, which decision may be taken in due course as and when the Waqf Board is properly constituted, with a view to enable the smooth conduct of the Moharrum procession, we order that the appellant would be entitled to conduct the Moharrum procession on the dates supra. 9. This Writ Appeal is, accordingly, disposed of. No costs. 10. 4 HCJ & RRRJ W.A.No.752of 2025 J Consequently, connected miscellaneous applications, if any, shall stand closed. Sd/- M.S.V. NAVEEN CHANDRA DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Municipal Administration and U.D Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Chief Executive Officer, A P State Waqf Board, Vijayawada, Krishna District. 3. The Commissioner, Vijayawada Municipal Corporation, Krishna District. 4. The Assistant Commissioner of Police, West Division, Vijayawada, Krishna District. 5. The Commissioner of Police, Vijayawada, Krishna District. 6. The District Collector, Krishna District, at Vijayawada. 7. One CC to M/s. Corpus Juris Law Panel LLP, Advocate [OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh at Amaravati [OUT] 9. Two CCs to GP for Municipal Admn & Urban Development, High Court of Andhra Pradesh at Amaravati [OUT] 10. One CC to Sri S.V.S.S. Siva Ram, SC for VMC [OPUC] 11. One CC to Sri Shaik Khaja Basha, SC for Wakf Board [OPUC] 12. Two CD Copies Cnr HIGH COURT DATED:03/07/2025 JUDGMENT WA 752/2025 DISPOSING OF THE WRIT APPEAL WITHOUT COSTS