APHC010464052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 24019 OF 2025 Between: 1. Ashurkhna Ali Akbar Saheb Peerla Committee, 8-6/Poluru/Nandya l, A.P. a Registered Society registered under A.P. Societies Act, 2001, represented by its Vice President Farook Dafedar, S/o D. Allab Akash, aged about 38 years, resident of Door No. 1-32, Poluru village, Nandyal Mandal, Nandyal District. 2. Thagadamcha Noor Basha, Mulla cum Joint Secretary of Ashurkhna Ali Akbar Saheb Peerla Committee, Nandyal, aged 30 years, S/o Karimulla, resident of Door No. 7-57, Poluru village, Nandyal Mandal, Nandyal District. ...Petitioners AND 1. The State of Andhra Pradesh, represented by its Principal Secretary, Minorities Welfare Department, Secretariat, Velagapudi, Guntur District. 2. The Wakf Board Inspector, Nandyal, Collectorate Complex, Noonepalli, Nandyal, Nandyal District. 3. Aliakbar Saheb Ashurkhana Development Committee, a registered Society bearing Regd. No. 160/2021 represented by its President Kaparapalle Abdul Khadar, S/o Chinna Khadar Sha, aged about 63, years, Poluru village, Nandyal Mandal and District. 4. Poluru Grama Panchayat, represented by its Secretary, Poluru village, Nandyal Mandal, Nandyal District. 5. Vadia Hussain Bhasha, S/o Kottala Hussain Bhasha, Aged about 55 years, resident Poluru village, Nandyal Mandal and District. ...Respondents p 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 petitioners appropriate Writ, Order or direction especially one in the nature of Writ of mandamus declaring the action of the respondents 1 and 5 in obstructing the Petitioners to perform Moharam Festival and other allied activities of Darga namely Pedda Peeru situated in Poluru village, Nandyal Mandal, Nandyal District situated in an extent of 110 Squar yards of site and building thereon bounded by East Satram-South- Panchayat Bazaar- West Sri Chennakeswaraswamy Temple and North House of Shalimiah and in making attempts to demolish the building as abuse of process of law, arbitrary, illegal, unconstitutional and consequently direct the respondents not to interfere while participating in the activities Pedda Peeru and not demolish the building there on. 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 respondents 1 to 5 not to demolish the building in an extent of 110 Square yards of site, bounded by East-Satram- South- Panchayat Bazaar West- Sri Chennakeswaraswamy Temple and North- House of Shalimiah . Counsel for the Petitioners: SRI N SRIRAM MURTHY Counsel for the Respondent No. 1: GP FOR SOCIAL WELFARE Counsel for the Respondent No. 2: SRI M SOHAIL SHAREEF APPEARING ON BEHALF OF SRI KHAJA BASHA SC FOR WAQF BOARD Counsel for the Respondent No. 4: SRI M SUDHIR SC FOR ZPP, MPP ANDGP The Court made the followin APHC010464052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 24019/2025 Between: 1.ASHURKHNA ALI AKBAR SAHEB PEERLA COMMITTEE, 8- 6/POLURU/NANDYAL, A.P. A REGISTERED SOCIETY REGISTERED UNDER A.P. SOCIETIES ACT, 2001, REPRESENTED BY ITS VICE PRESIDENT FAROOK DAFEDAR, S/0 D. ALLAB AKASH, AGED ABOUT 38 YEARS, RESIDENT OF DOOR NO. 1-32, POLURU VILLAGE, NANDYAL MANDAL, NANDYAL DISTRICT. 2.THAGADAMCHA NOOR BASHA, MULLA CUM JOINT SECRETARY OF ASHURKHNA ALI AKBAR SAHEB PEERLA COMMITTEE, NANDYAL, AGED 30 YEARS, S/0 KARIMULLA, RESIDENT OF DOOR NO. 7-57, POLURU VILLAGE, NANDYAL MANDAL, NANDYAL DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MINORITIES WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE WAKF BOARD INSPECTOR, NANDYAL, COLLECTORATE COMPLEX, NOONEPALLI, NANDYAL, NANDYAL DISTRICT. 3.ALIAKBAR SAHEB ASHURKHANA DEVELOPMENT COMMITTEE, A REGISTERED SOCIETY BEARING REGD. NO. 160/2021 REPRESENTED BY ITS PRESIDENT KAPARAPALLE ABDUL KHADAR, S/0 CHINNA KHADAR SHA, AGED ABOUT 63, YEARS, POLURU VILLAGE 4.POLURU SECRETARY, district. S.VADLA HUSSAIN BHASHA, S/0 KOTTALA aged about 55 YEARS, mandal and district. NANDYAL MANDAL AND DISTRICT. PANCHAYAT, REPRESFNTFn POLURU VILLAGE, NANDYAL MANDAL grama BY ITS NANDYAL HUSSAIN resident POLURU VILLAGE BHASHA, . NANDYAL \ ...RESPONDENT(S): Counsel for the Petitloner(S): 1-N SRIRAM MURTHY Counsel for the Respondent(S): 1GP FOR SOCIAL WELFARE The Court made the foMowinq- ORAL ORnPP- ^ Heard Sri N.Sriram Murthy, learned Sri M.Sohail Shareef learned Counsel Counsel for the Writ Petitioners and Basha, learned Standing Counsel appearing on behalf of Sri Khaja for Waqf Board. 2- Sri M.Sohail Shareef, learned Basha, learned Standing Counsel Instructions furnished by the Chief of it is supplied to the Counsel on record. The relevant extracted hereunder; Counsel appearing for Waqf Board, has on behalf of Sri Khaja submitted the Written Executive Officer, dated 09.09.2025. Copy for the Writ Petitioners portion of the said Written and the same is taken Instruction is usefully thmh?mS;ndsn.to"ff|o^^^^ Hon'ble Court by stating the Mohharum festival and other aS Performing namely “Pedda peeru" situated p ^c/'^'t'es of Dargah denied and the A.P. State Waqf Bra°m'\/--^ Inspector Auditor Waqfs NandvJ With the affairs of thTsuLct Ashu Sf Moharrum festival etc and P®'^°''niing of demolition of buillg” ’ attempts for 3 0 3. The above extract would indicate that the Waqf Board, per se, is not interfering with the subject Ashur Khana i.e., with regard to performing of Moharrum festival etc., and has never made any attempt for demolition of building. Learned Counsel for the Respondents would submit that the complaint of the Writ Petitioners is against the Unofficial Respondent No.5, that the said Respondent is making attempts to demolish the building. He would submit that this is purely a private dispute between the Writ Petitioners and the Unofficial Respondent No.5, regarding which the Waqf Board is not concerned. 4. Having regard to the facts and circumstances of this case, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, directing the Official Respondents to follow due process of law. 5. 6. It is clear that this Court has not made any comments as regards the Inter se private rights between the Writ Petitioners and the Unofficial Respondent No.5. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 7. 8. Interlocutory Applications, if any, stand closed in terms ^this order. . SiSfSSS SECTION OFFICER //TRUE COPY// To, The Principal Secretary, Minorities Welfare Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. The Wakf Board Inspector, Nandyal, Collectorate Complex, Noonepalli, Nandyal, Nandyal District. The Secretary, Poluru Grama Panchayat, Poluru village, Nandyal Mandal, Nandyal District. One CC to Sri. N Sriram Murthy Advocate [OPUC] One CC to Sri. M Sudhir SC for ZPP, MPP and GP [OPUC] 1. 2. 3. 4. 5. 0 6. One CC to Sri. Khaja Basha SC for Waqf Board [OPUC] 7. Two CCs to GP for Social Welfare, High Court of Andhra Pradesh [OUT] 8. Two CD Copies GSC HIGH COURT DATED:10/09/2025 ORDER WP NO. 24019 OF 2025 DISPOSING THE WP WITHOUT COSTS