APHC010363562008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15747 OF 2008 Between: Smt.Sk.Jani Begum, W/o.Sk.Fareed, Aged about 30 Years, Occ: Business, R/o.H.No.15-13-138, RTC Colony, Gandhinagar, Guntur Town, Guntur District. ...Petitioner AND 1. Andhra Pradesh State Wakf Board, Rep. by its Chief Executive Officer, Office at Haj House Complex, Razzak Manzil, Opp; Public Gardens, Nampally, Hyderabad. 2. Managing Committee for Dargah Hzt Shahbaz Hussaini, Rep. by its Joint Secretary M.A. Gaffar Sahab, S/o. S.K. Dawood, Aged about 60 Years, Occ: Employee, Situated at China Town, Guntur, R/o. Pothurpet, 2"'^ Line, Guntur Town, Guntur District. 3. The Guntur Municipal Corporation rep by its. Commissioner, Guntur, Guntur District. 4. The Deputy Commissioner Guntur Municipal Corporation, Guntur, Guntur District. 5. The City Planner Guntur Municipal Corporation, Guntur, Guntur District. (The Cause Title is amended as per Court Order dated.8/4/2009 in WPMP No.5750/2009) ...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 declaring the action of the Respondents No.3 to 5 in not taking appropriate action against the 2nd respondent in making illegal construction in Sy.No. 1198 & 1201 of Guntur Town, Ponnur Road, Guntur District, without obtaining any prior permission from Respondents No.3 to 5 as arbitrary, illegal and violative of Article 14 & 21 of Constitution of India and pass such other order or orders. lA NO: 1 OF 2008fWPMP 20400 OF 2008 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 restrain the Respondent No.2 from making any further construction in Sy.No. 1198 & 1201 of Guntur Town, Ponnur Road, Guntur District, without obtaining prior permission from Respondents No.3 to 5. lA NO: 2 OF 2008(WPMP 30192 OF 2008 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 be pleased to receive proceedings No. R.T.I. 125/A-15 dt; 14-10-2008 issued by the 3'^'^ Respondent as additional evidence. lA NO: 2 OF 2009(WPMP 31931 OF 2009 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 receive i) Show Cause Notice in f No. 01/GNT/NOC/07/Supple / Zone-VI, dt. 06-05-2009, ii) Letter in F.No. 1/GNT/NOC/07/Suppl/ ZVI dt; 08-05-2009 iii) Memo No. 1722AA/akf-l/A2/2009, Dt; 14-05-2009 as additional evidence. Counsel for the Petitioner: SRI HARENDER PRASAD rv- Counsel for the Respondent No.1 : SRI SHAIK KARIMULLA, SC FOR A.P.STATE WAQF BOARD Counsel for the Respondent No.2 : SRI C. B. RAM MOHAN REDDY Counsel for the Respondent Nos.3 to 5 : SRI A. S. C. BOSE (SC FOR MUNICIPAL CORPORATIONS) The Court made the following order: : A. Bench Sr.No:-11 [3483] APHC010363562008 COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION No.15747 of 2008 ...Petitioner Smt. Sk. Jani Begum, Guntur District. Vs. ...Respondents Andhra Pradesh State Wakf Board, Hyderabad and others ********** None Advocate for Petitioner Sri A. S. C. Bose, learned Standing Guntur Advocate for Respondents Municipal for Counsel Corporation, Sri Shaik Khaja Basha, learned Standing Counsel for A.P. State Waqf Board. CORAM ;THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE ; 10th September 2025 P C ; The issue that was highlighted in the present petition is that illegal construction was being carried out by respondent No.2 - Managing Committee for Dargah Hzt. Shahbaz Hussaini in the land in question without prior permission from respondent Nos.3 to 5. As is reflected from the communication dated 14.10.2008 written by the Deputy City Planner, Town Planning, Guntur, that no permission has been granted for construction of mosque in the land in question, a Coordinate Bench of this Court on 01.05.2009 had granted interim relief. 2. k. 2 3. There is no representation today on behalf of the petitioner. However, it goes without saying that no construction can be permitted to be carried out without the requisite permission from the competent authority out of respondent Nos.3, 4 and 5. 4. Be that as it may, we direct that the construction activity be permitted to be undertaken only after due permission in accordance with law taken from the requisite authority. 5. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- B PRASADA RAO ASSISTANT F^GISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Chief Executive Officer, Andhra Pradesh State Wakf Board, Vijayawada; 2. The Joint Secretary, Managing Committee for Dargah Hzt Shahbaz Hussaini, M.A. Gaffar Sahab, S/o. S.K. Dawood, Occ: Employee, Situated at China Town, Guntur, R/o. Pothurpet, 2"^^ Line, Guntur Town, Guntur District. 3. The Commissioner, Guntur Municipal Corporation, Guntur, Guntur District. 4. The Deputy Commissioner Guntur Municipal Corporation, Guntur, Guntur District. 5. The City Planner Guntur Municipal Corporation, Guntur, Guntur District. 6. One CC to Sri Harender Prasad, Advocate [OPUC] 7. One CC to Sri A. S. C. Bose, (SC for Municipal Corporations) [OPUC] 8. One CC to Sri Shaik Karimulla, SC for A.P. State Waqf Board [OPUC] 9. One CC to Sri C. B. Ram Mohan Reddy, Advocate [OPUC] 10.Two CD Copies Cnr HIGH COURT DATED:10/09/2025 ORDER WP NO. 15747 OF 2008 if 19 SEP 2025 VyrS^LurrentSectio];^^ Co DISPOSING OF THE W.P. WITHOUT COSTS