IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5643 OF 2023 Between: Pathan Habibulla Khan, S/o Noor Khan, Aged about 64 years, Occ. Business, Resident of D.No.2-3-3, Market Street, 4th Ward, Ponnur town and Mandal, Guntur District. ...Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Dept., Secretariat, Velagapudi, Amaravathi. 1. The District Collector, Guntur District at Guntur. The Ponnur Municipality, Rep. by its Commissioner, Ponnur, Guntur District. 2. 3. The Tahsildar, Ponnur Mandal, Guntur District. The Chairman, A.P. State Wakf Board, 4th Floor, Imdadghar Building, Kaleswara Rao Market, Tarapet, Vijayawada, NTR District. Sri Shaik Mohammad @ Mamu, President, Ponnur Anjuman-E-Eslamia Welfare Society, Beside Abdul Kalam Shadi Khana, 4th Ward, Ponnur Municipality, Guntur District. Sri Kilari Venkata Rosaiah, Member of Legislative Assembly, Ponnur Assembly Constituency, Ponnur, Guntur District. 4. 5. 6. 7. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court 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 3 allowing the 6th respondent to make construction of shopping complex may to 5 in in an extent of Ac.0.05 cents out of Ac. 1.65 cents, situated in Sy.No.396/1, Ponnur Municipality and Mandal, Guntur District with the support of the 7th representations dt. 02-01-2023 requesting not to grant any permission for construction of shopping complex in the Burial Ground of Muslim Community is illegal, arbitrary and unconstitutional and violation of principles of consequently direct the respondents 2 to 5 not to permit the 6th for construction of shopping complex in burial ground. respondent pending disposal of the natural justice and respondent lA NO: 1 OF 20?.? Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 to 5 not to praying that in the circumstances permit the 6th respondent in proceeding with the construction of shopping complex in burial ground in an extent of Ac.0.05 cents out of Ac.1.65 cents, situated in Sy.No.396/ 1, Guntur District by demolishing the compound wall and Arch, pending disposal of the writ petition. Ponnur Municipality and Mandal Counsel for the Petitioner: SRI. VUTUPALLI RAJANNA Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2 and 4: GP FOR REVENUE Counsel for the Respondent No. 3: SRI A S C BOSE SC FOR MUNCIPALITIES Counsel for the Respondent No. 5: SRI S ARIFULLAH SC for WAQF BOARD Counsel for the Respondent No.6: SRI K INDRANEEL BABU The Court made the following order: I APHC010111712023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] FRIDAY THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5643/2023 Between: ...PETITIONER Pathan Habibulla Khan AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1.VUTUPALLI RAJANNA Counsel for the Respondent(S): 1 .GP FOR MUNCiPAL ADMN URBAN DEV 2.GP FOR REVENUE 3.KARUMANCHI INDRANEEL BABU 4.M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) 5.S ARIFULLAH (SC FOR AP WAQF BOARD) The Court made the following: HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.5643 of 202^ ORDER: 1. The present Writ Petition is filed to declare the action of the Respondent Nos.3 to 5 in allowing the Respondent No.6 to make construction of shopping complex in an extent of Ac.0.05 cents out of Ac.1.65 cents situated in Sy.No.396/1, Ponnur Municipality and Mandal, Guntur District, as illegal and arbitrary. 2. At the time of hearing. M/s. Vutupalli Rajanna, learned counsel for the Petitioner seeks permission of the Court to withdrawn the Writ Petition. 3. Permission is accorded. 4. Accordingly, the Writ Petition is dismissed, as withdrawn. 5. No prders as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/-U. SRIDEVn assistant REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri. Vutupalli Rajanna Advocate [OPUC] One CC to Sri. K Indraneel Babu Advocate [OPUC] 2. One CC to Sri. ASC Bose SC for Muncipalities [OPUC] 3. Two CCs to GP for Municipal Admin Urban Dev ,High Court Of Andhra Pradesh. [OUT] 4. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 5. 6. Three CD Copies GSC L iMMLJmmim HIGH COURT DATED:09/05/2025 ORDER WP.No.5643 of 2023 ^ 2 <1 SEP 2025 , £ I DISMISSING THE WP AS WITHDRAWN WITHOUT COSTS