APHC010493882016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24465/2016 Between: Md Masudali & Anr and Others ...PETITIONER(S) AND Chief Secretary And 9 Others and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. SUBHANI S M Counsel for the Respondent(S): 1. M.R. MOHAMMAD IRFAN(SC FOR AP WAQF BOARD ) 2. GP FOR HOME (AP) 3. GP FOR SOCIAL WELFARE (AP) 4. GP FOR REVENUE (AP) 5. DEPUTY SOLICITOR GENERAL OF INDIA 6. G JHANSI 7. SHAIK KHAJA BASHA The Court made the following ORDER:- 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos. 5 to 8 and 10 for illegally demolishing the Holy structures of notified Dargah Hzt Syed Ali Hussain Shah Quadri Rh and Dargah Hzt Syed Shah Quadri Rh situated at Prakasam Barriage at Vijayawada without notice and without following the due process of law is being illegal, arbitrary unconstitutional and against the provisions of 2 Waqf Act 1995 and rules made there under and against the guidelines of G.O.Ms.No.18, dated 13.10.2014 Government of Andhra Pradesh Minority Welfare Department and consequently direct the Respondents 1 to 4 and respondent No. 9 to initiate criminal prosecution against the Respondent No.5 on his official capacity and Respondent No.10 on his name and to pass such other order or orders …..” 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. The learned counsel for the petitioner submits that respondents No. 5 to 8 and 10 are trying to demolish the holy structures of the notified Dargah Hzt Syed Ali Hussain Shah Quadri Rh and Dargah Hzt Syed Shah Quadri Rh, located at Prakasam Barrage in Vijayawada, without issuing any notice and without following due procedure. Hence, the writ petition. 4. He further submits that this Court was pleased to pass an interim order dated 27.07.2016, restraining the respondents from interfering with the structures and graves in the subject Dargahs. He also submits that, in view of the interim order of this Court dated 27.07.2016, the respondents neither interfering with nor demolished the holy structures of the notified Dargah Hzt Syed Ali Hussain Shah Quadri Rh and Dargah Hzt Syed Shah Quadri Rh, situated at Prakasam Barrage in Vijayawada till date. He further contends that if the respondents intend to take any 3 action against the subject Dargahs, they should adhere to the due procedure as contemplated under the law. 5. On the other hand, the learned standing counsel appearing for respondent No. 9 submits that if any action is proposed, as alleged by the petitioner, the respondents will follow the due procedure as contemplated under the law. 6. Having considered the submissions made by the learned counsel for both parties and on perusal of the record, without going into merits of the present case that, this Court is of the considered view that this writ petition can be disposed of by directing respondents No. 5 to 8 and 10 that if they intend to interfere with the structures and graves in the subject Dargahs, they should follow the due procedure as contemplated under the law. 7. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 13.02.2025 kkllkk 4 191 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.24465 of 2016 13.02.2025 kkllkk