APHC010731122015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28945/2015 Between: 1. DARGAH OF HAZRATH SYED AHMED BABA, REP. BY ITS MUTAWALLI SHAIK SHABBEER, S/O. LATE AHMED BASHSA @ BASHA SAHEB, AGED ABOUT 42 YEARS AND R/O. FLAT NO.101, SAPTAPADI APARTMENTS, RAM NAGAR, NELLORE, SRI POTTI SRIRAMULU NELLORE DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, HYDERABAD. 2. A P STATE WAKF BOARD, REP. BY CHIEF EXECUTIVE OFFICER, HAJ HOUSE, NAMPALLY, HYDERABAD. 3. SRI ABDUL AZIZ, MAYOR, NELLORE MUNICIPAL CORPORATION, NELLORE, SRI POTTI SRIRAMULU NELLORE DISTRICT. 4. THE MUNICIPAL COMMISSIONER, NELLORE MUNICIPAL CORPORATION, NELLORE, SRI POTTI SRIRAMULU NELLORE DISTRICT. 5. THE WAKF BOARD AUDITOR, A.P. STATE WAKF BOARD, OFFICE OF DISTRICT COLLECTOR'S COMPOUND, NELLORE, SRI POTTI SRIRAMULU NELLORE DISTRICT. ...RESPONDENT(S): 2 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 toto issue an appropriate Writ, Order or Direction, particularly one in the nature of the Writ of Mandamus, Declare the action of the respondents 3 and 4 in interfering with the peaceful possession and enjoyment of the land belongs to the Petitioner-Dargah by making construction of Musafirkhana without having any right or title and without acquisition and following due process of law is arbitrary unreasonable and violate of Articles 14 and 300-A of constitution of India and consequently direct the respondents 3 and 4 not to interfere with the peaceful possession and enjoyment of the land belongs to the Petitioner-Dargah by making any construction including Musafirkhana in an extent of Ac 1.27 cents situated in C.A.S. No.552/B (part), Dargamitta, Nellore, Sri Potti Sriramulu Nellore District and to pass IA NO: 1 OF 2015(WPMP 37543 OF 2015 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 respondents 3 and 4 not to interfere with the peaceful possession and enjoyment of the land to an extent of Ac 1.27 cents situated in C.A.S.No.552/B (part), Dargahmitta, Nellore, Sri Potti Sriramulu Nellore District belongs to the Petitioner-Dargah by making any construction including Musafirkhana, pending the disposal of the Writ Petition and to pass IA NO: 2 OF 2015(WPMP 39853 OF 2015 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 implead the proposed respondents 6 and 7 as party respondents in the WPMP as well as in the main Writ Petition and to pass IA NO: 3 OF 2015(WPMP 39854 OF 2015 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 respondents 6 and 7 not to interfere with the peaceful possession and enjoyment by making any construction including Musafirkhana in the land belongs to the Petitioner Dargah to an extent of Ac. 1.27 cents situated in CAS No. 552/B ( part ), Dargamitta, Nellore, SPSR Nellore District. 3 Counsel for the Petitioner: 1. K MURALIDHAR REDDY Counsel for the Respondent(S): 1. SHAIK KARIMULLAH (SC FOR WAKF BOARD RAYALASEEMA) 2. ANCHA PANDURANGA RAO 3. GP-MUNCIPAL ADMN AND URBAN DEV(AP) 4. FARHAN AZAM KHAN 5. SHAFATH AHMED KHAN The Court made the following: 4 ORDER:- Learned counsel for the petitioner appears virtually online. 2. The learned Standing Counsel appearing for the 4th respondent submits that the grievance of the petitioner has been adequately addressed and the respondents are not interfering with the possession and enjoyment of the land belonging to the petitioner’s Dargah. 3. Recording the same, this Writ Petition is closed. No order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt: 09.10.2025 SR