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2026 DAILYLAW 17660 (AP)

MD RAFFIQ HASSAN @ BASHA v. RAHIM SHAHULLA SHAH

CRP/620/2020 · 2026-01-01

Subhendu Samanta

body2026

Judgment text

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APHC010089202020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] FRIDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HON’BLE SRI JUSTICE SUBHENDU SAMANTA CIVIL REVISION PETITION NO: 620/2020 Between: 1. MD RAFFIQ HASSAN @ BASHA, S/O.AZGER ALI (LATE) AGE . 54 YEARS, OCC.EMPLOYEE INDIAN OIL CORPORATION OPPOSITE. POST OFFICE, MAIN ROAD , KONDAPALLY-5221228 IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 2. MD LUTHFE ALI @ DADA, S/O. AZGER ALI, AGC..53 YEARS, OCC. EMPLOYEE, POSTAL DEPARTMENT, R/O. SRI LAKSHMI TOWERS 2ND FLOOR, STATION ROAD, KONDAPALLY-521228 KRISHNA DISTRICT. 3. DODDA VENKAYA, S/O. DODDA SRINIVASULU, AGE. 47 YEARS, OCC. MANAGER, HEMA SAIRAM ANNAPURNA CHARITABLE TRUST OFFICE, D.NO. 1-4-267, NAGAYA HOTEL CENTRE, RTC WORK SHOP ROAD, BHAVANIPURAM VIJAYAWADA, KRISHNA DISTRICT. 4. MD AFSER HUSSAIN @ BABI, S/O. ASGAR ALI, AGE. 48 YEARS, OCC. PROPRITOR, HOTEL BABI BIRYANI POINT OPP. RAILWAY STATION, KONDAPALLY IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. ...PETITIONER(S) AND 1. RAHIM SHAHULLA SHAH, S/O. SHAIK DAWOOD @ KARIMULLA SHAH AGE. 53 YEARS, R/O. 32-30/5-12, OCC. MUTAWALLI, DARGAH HZT. SYED SHAH BUQARI (RH) BHAGAT SINGH STREET, -2- C.R.P. No.620 of 2020 Date of order:02.01.2026 MARUTHINAGA R, VIJAYAWADA (URBAN), MACHAVARAM, KRISHNA DISTRICT , ANDHRA PRADESH. 2. MD AFSER HUSSAIN BABI, S/O. ASGAR ALI, AGE. 48 YEARS, OCC. PROPRITOR, HOTEL BABI BIRYANI POINT OPP. RAILWAY STATION, KONDAPALLY IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT. 3. HABIBULLA SHAH, S/O. SHAIK DAWOOD @ KARIMULLA SHAH AGE.49 YEARS, OCC. MUTAW MUTAWALLI, DARGAH HZT. SYED SHAH BUQARI (RH) R/O. 32-30/5-12, BHAGAT SINGH STREET, MARUTHINAGAR, VIJAYAWADA (URBAN), MACHAVARAM, KRISHNA DISI RICT , ANDHRA PRADESH. 4. FAKRULLA SHAH, S/O. SHAIK DAWOOD @ KARIMULLA SHAH AGE. 44 YEARS, OCC. MUTAWALLI, DARGAH HZT. SYED SHAH BUQARI (RH) R/O. 32-30/5-12, BHAGAT SINGH STREET, MARUTHINAGAR, VIJAYAWADA (URBAN), MACHAVARAIN, KRISHNA DISTRICT , ANDHRA PRADESH. ...RESPONDENT(S): Petition under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to against the order dated 23.03.2018 passed in IA NO. 163/2017 in OS NO. 17/2017 on the file of Andhra Pradesh State Wakf Tribunal , Hyderabad IA NO: 1 OF 2020 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 dispense with the filing of certified copy of the order in I.A. No. 163/2017 in O.S. NO. 17/2017, dated 23.03.2018 on the file of the Wakf Tribunal Hyderabad. IA NO: 2 OF 2020 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 pleased to stay petition the order passed in I.A.N.o.163/2017 in OS.No.17/2017 Dt.23-03-2018 on the file on AP state wakf tribunal at Hyderabad to the extent of not permitting the petitioners/Defendants Nos.1 to -3- C.R.P. No.620 of 2020 Date of order:02.01.2026 3 to carry out the charitable services like feeding to the poor on the day of URS which is yet to be celebrated on 5th and 6th march 2020, in the interest of justice and pass Counsel for the Petitioner(S): 1. P V A PADMANABHAM Counsel for the Respondent(S): 1. S M SUBHANI (SC FOR AP WAKF BOARD) The Court made the following: -4- C.R.P. No.620 of 2020 Date of order:02.01.2026 THE HON’BLE SRI JUSTICE SUBHENDU SAMANTA CIVIL REVISION PETITION NO: 620 OF 2020 ORDER: 1. Being aggrieved by the order dated 23.03.2018, passed by the Presiding Officer of the Andhra Pradesh State Wakf Tribunal at Hyderabad, in I.A. No.163 of 2017 in O.S. No.17 of 2017, the petitioners have filed the instant civil revision petition. 2. The petitioners herein are the respondents before the Tribunal and the respondents herein are the petitioners in I.A. No.163 of 2017 in O.S. No.17 of 2017. 3. On the last date of adjournment, none appears on behalf of the petitioners. Today also, in spite of the matter being listed under the caption “For Dismissal”, none appears for the petitioners. 4. I have perused the order passed by the learned Trial Court. 5. The respondents filed I.A. No.163 of 2017 in O.S. No.17 of 2017 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, seeking a temporary injunction pending disposal of the suit, restraining the petitioners herein from interfering with their administration and day‑to‑day management of the petition schedule Dargah. Considering the submissions, the learned Tribunal held that the respondents herein had established the essential prerequisites for the grant of a temporary injunction, and accordingly, relief was granted in their favour. On a -5- C.R.P. No.620 of 2020 Date of order:02.01.2026 careful perusal of the observation of the learned Tribunal, it appears that the Tribunal has specifically decided the issue in question and also decided on the point for determination. I find no illegality and impropriety in the order itself. 6. Considering the same, I find no justification to interfere with the order passed by the learned Tribunal. 7. Under the above observation, the instant Civil Revision Petition is dismissed as devoid of merit. 8. The interim order passed by this Court during the pendency of the instant Civil Revision Petition is hereby revoked. Since the petitioners are not present before this Court, let a copy of this order be served upon the learned Tribunal for ready reference. No costs. 9. As a sequel, miscellaneous applications pending, if any, in the revision petition shall stand closed. ____________________________ JUSTICE SUBHENDU SAMANTA Date: 02.01.2026 BV