THE PRIVATE MUSLIM FAMILY TRUST OF NAZARULLA SAHEB DARGA v. THE STATE OF ANDHRA PRADESH
WP/3222/2025 · 2025-02-11
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6341 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6341 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
% ' IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3222 OF 2025 Between: The Private Muslim Family Trust of Nazarulla Saheb Darga, Rep. by its Secretary, Shaik Saleem Basha, S/o. Khadar Hussain, aged about 60 years, Mydukur Road, ProddaturTown, YSR Kadapa District. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P. Secretariat at Velagapudi, Amaravathi, Guntur District
2. The Proddatur Municipality, Rep. by its Commissioner, Proddatur, YSR Kadapa District, Andhra Pradesh
3. K. Syed Inayatullah, President, Hazarath Nazarulla Sha Saheb Darga Management Committee, Mydukur Road, ProddaturTown, YSR Kadapa' District
4. N. Dada Peer, Erstwhile Secretary, Hazarath Nazarulla Sha Saheb Darga Management Committee, Mydukur Road, Proddatur Town, YSR Kadapa District
5. N.S. Nurullah, Erstwhile Treasurer, Hazarath Nazarulla Sha Saheb Darga Management Committee, Mydukur Road, ProddaturTown, YSR Kadapa District
6. Vaddia Shaik Muktiyaar, Erstwhile Member, Hazarath Nazarulla Sha Saheb Darga Management Committee, Mydukur Road, ProddaturTown, YSR Kadapa District
%
7. Janab Shaik Abdul Kadar, Erstwhile Member, Hazarath Nazarulla Sha Saheb Darga Management Committee, Mydukur Road, Proddatur J'Qwn, YSR Kadapa District Janab Shaik Mahaboob Saheb, Erstwhile Member, Hazarath Nazarulla .' Shaf Saheb Darga Management Committee, Mydukur Road, ProddaturTown, YSR Kadapa District
9. Janab K. Makbul Hussain, Erstwhile Member, Hazarath Nazarulla Sha Saheb Darga Management Committee, Mydukur Road, ProddaturTown, YSR Kadapa District
10. Shaik Shameer Basha, Erstwhile Member, Hazarath Nazarulla Sha Saheb Darga Management Committee, Mydukur Road, ProddaturTown, YSR Kadapa District
11. S. Mahammad Iqbal, Erstwhile Member, Hazarath Nazarulla Sha Saheb Darga Management Committee, Mydukur Road, Proddatur Town, YSR Kadapa District
12. K.J. Mahaboob, Erstwhile Member, Hazarath Nazarulla Sha Saheb Darga Management Committee, Mydukur Road, ProddaturTown, YSR Kadapa District
13. C. Jillani Basha, Erstwhile Member, Hazarath Nazarulla Sha Saheb Darga Management Committee, Mydukur Road, Proddatur Town, YSR Kadapa District
14. Syed Shabeer, Erstwhile Member, Hazarath Nazarulla Sha Saheb Darga Management Committee, Mydukur Road, ProddaturTown, YSR Kadapa District
15. The Superintendent of Police, YSR Kadapa District at Kadapa
16. Smt. K. Naga Rathnamma, Surviving Member of Sri Kasetty Chinna Venkata Subbaiah Charities, Kadapa
17. K. Srinivasulu, Surviving Member of Sri Kasetty Chinna Venkata Subbaiah Charities, Kadapa
18. Sri.
K. Venkata Subbaiah, Surviving Member of Sri Kasetty Chinna Venkata Subbaiah Charities, Kadapa *
...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 2"'^ Respondent in not acting upon the Representations dated 25.01.2025 and 31.01.2025 in preventing the Respondents 3 to 18 herein from raising illegal constructions without there being any valid permissions in respect of the Petitioner property covered by Sy.Nos.550/1A and 550/2B in an extent of Ac.0.14 cents inspite of the pendency of O.S.No.8/2005 on the file of II Additional District Judge at Proddatur, YSR Kadapa District and contrary to the Order passed by this Hon'ble Court in W.P.No.24876/2023 as highly illegal, arbitrary and violative of Article 300-A of the Constitution of India and consequentially direct the 2^^ Respondent to consider and pass orders on the Representations dated 25.01.2025 and 31.01.2025. 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 the Respondents 2 to 18 herein to not to make any constructions in the land in an extent of Ac.0.14 cents in Sy.Nos.550/1A and 550/2B, Mydukuru Road, Kadapa pending the Writ Petition.
Counsel for the Petitioner: SRI W.V.B. SHRAVAN Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: M/s. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES Counsel for the Respondent Nos.3 to 14 & 16 to 18:— Counsel for the Respondent No.15: GP FOR HOME The Court made the following: ORDER
1 APHC010058332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) fME [3333] TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3222/2025 Between: The Private Muslim Family Trust of Nazarulla Saheb Darga AND The State of Andhra Pradesh and others Counsel for the Petitioner: ...PETITIONER ...RESPONDENT(S) 1.W.V.B. SHRAVAN. Counsel for the Respondent(S):
1.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following:
2
ORDER: of the Constitution of India This writ petition is filed under Article 226 seeking the following relief;- in the nature of Writ of direction more particularly one of Respondent in 25.01.2025 and 31.01.2025 in writ order or
“....to issue a Mandamus the not acting upon preventing the Respondents 3 there being any valid declaring the action Representations dated ,8 herein from raising illegal consfraclions of the petitioner’s property 14 cents inspite of the pendency without covered by Sy.Nos.550/1A and of O.S.No.8/2005 on the to permissions in respect 550/2B in an extent of Ac.O- District and contrary to O'" -'t' 7;: r 083 as highly Illegal, direct the Respondenl to consider and pass orders on 25.01.2025 and 31.01.2025 .... file the Representations dated
learned counsel for the the Writ Petition, but, however authorities to dispose of the .2025 and 31.01.2025, requesting the matter came up for hearing Today when reiterated the contentions urged in
2. petitioner direct the respondent limited his request to of the petitioner dated 25.01 to issue any approval, land conversion and layout representations the 2"^^ respondent not \ in respect of the subject property i in in favour of the third parties in permission O.S.No.8/2005 on the file of learned 11 Additional District Judge, Proddutur. Pleader for Municipal learned Government Development Authority On the other hand
3. for respondent No.1, respondent No.2 and respondent No.15. submits that the submitted by the Administration and Urban Ms.V.Sireesha Rani, learned Standing Counsel for Government Pleader for Home for learned consider the representations authorities will respondent
petitioner, dated 25.01.2025 and 31.01.2025 and will pass appropriate orders in accordance with law, if not yet disposed of.
4. Having regard to the
facts and circumstances of the case and
submissions made by the learned counsels, instead of going into the merits of the case, this Court feels it appropriate to dispose of the Writ Petition directing respondent No.2-The Commissioner, Proddatur Municipality, YSR Kadapa District to consider the representations made by the petitioner dated 25.01.2025 and 31.01.2025 and pass appropriate orders, if not by yet passed, in accordance with law, within a period of two (02) weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed.
Sd/- N. MAGAMMA ASSISTANT.REGISTRAR^ SECTION OFFICER //TRUE COPY// To,
1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, A.P. Secretariat at Velagapudi, Amaravathi, Guntur District
2. The Commissioner, Proddatur Municipality, Proddatur, YSR Kadapa District, Andhra Pradesh
3. The Superintendent of Police, YSR Kadapa District at Kadapa
4. One CC to Sri W.V.B. Shravan, Advocate [OPUC]
5. One CC to M/s. Sireesha Rani Vallabhaneni Municipalities[OPUC]
6. Two CCs to GP for Municipal Administration and Urban High Court of Andhra Pradesh. [OUT]
7. Two CCs to GP for Home, High Court of Andhra
8. Three CD Copies. SC for Development, Pradesh. [OUT]
HIGH COURT DATED:11/02/2025
ORDER n MAR 2075 d; . Current aeciiun OgSPATCV^Sg^ WP.No.3222 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS