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2026 DAILYLAW 2372 (AP)

G N SHAN RESTAURANT v. THE STATE OF AP

WP/11566/2026 · 2026-05-04

Tarlada Rajasekhar Rao

body2026

Judgment text

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APHC010219782026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 11566/2026 Between: 1. G N SHAN RESTAURANT, D. NO. 38-30-123/40, GN MANSION, NEAR PUNJAB HOTEL JUNCTION, MARRIPALEM, VISAKHAPATNAM -530018, REP. BY ITS PROPRIETOR PARVEEN, W/O. BARKAT ALI, R/O. D. NO. 38-30-123/39, G N MANSION, MARRIPALEM, VISAKHAPATNAM -530018, ANDHRA PRADESH-531001. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MINORITY WELFARE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522237 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, STATE FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. -522237 3. THE COMMISSIONER, A.P. STATE MINORITY WELFARE DEPARTMENT, TG PLAZA, NEAR MANIPAL HOSPITAL, TADEPALLI-522501 2 4. THE DISTRICT COLLECTOR, COLLECTORATE, MAHARANI PETA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT-530002 5. THE ANDHRA PRADESH STATE WAQF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, 4THYFLOOR, IMDADGHAR WAQF COMPLEX, 0PP. HEAD POST OFFICE, NEAR KALESWARAO MARKET, VIJAYAWADA, KRISHNA DISTRICT-520001 6. THE CHIEF EXECUTIVE OFFICER, ANDHRA PRADESH STATE WAQF BOARD, 4TH FLOOR, IMDADGHAR WAQF COMPLEX, OPP HEAD POST OFFICE, NEAR KALESWARAO MARKET, VIJAYAWADA, KRISHNA DISTRICT. 520001 7. THE DISTRICT MINORITY WELFARE OFFICER DMWO, DISTRICT COLLECTORATE COMPLEX, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT- 530002 8. THE INSPECTOR AUDITOR WAQFS, E SECTION COLLECTORATE VISAKHAPATNAM L/C ANAKA PALLI DISTRICT. - 530001 ...RESPONDENT(S): 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 topleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents in not releasing the sanctioned amount of Rs.4,00,050/- pursuant to Rc. No. 40/2023 dated 18.07.2023 as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India, and consequently to direct the respondents to release the said amount along with reasonable interest, and pas IA NO: 1 OF 2026 3 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 Counsel for the Petitioner: 1. MUJTAHID HUSSAIN Counsel for the Respondent(S): 1. GP FOR REVENUE 2. MD SALEEM PASHA SC For A.P.State Waqf Board for SKM,VSP 3. GP FOR SOCIAL WELFARE 4. GP FOR FINANCE PLANNING The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 11566/2026 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s: “….to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not releasing the sanctioned amount of Rs.4,00,050/- pursuant to Rc.No.40/2023 dated 18.07.2023 as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently to direct the respondents to release the said amount along with reasonable interest and pass……..” 2. Heard Sri Mujtahid Hussain, learned counsel for the petitioner and learned Government Pleader for Revenue. 3. Precisely, the writ petition is filed to direct the respondents to release the amount of Rs.4,00,050/- for arranging IFTAR at District level during the holy month of Ramzan, 2023. 4. The 5th respondent in his written instructions dated.Nil. stated that due non availability of funds, the A.P. State Waqf Board is unable to disburse the amount of Rs.4,00,00/-(Rupees Four Lakhs Only) in favour of the Collector & District Magistrate, Visakhapatnam, for arrangement of IFTAR at District level during 5 the Holy month of Ramzan, 2023. The said written instructions are made part of the record. 5. As the 5th respondent is not disputed the amounts due to the petitioner herein, this Court is inclined to dispose of the writ petition at the admission stage, with consent of both the learned counsel, directing the 5th respondent to release the amount of Rs.4,00,050/-, which is due to the petitioner herein, within a period of eight (08) weeks from the date of receipt of a copy of this order. 6. With the above direction, the writ petition is disposed of. There shall be no order as to costs As a sequel, miscellaneous applications pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 05.05.2026 ANS 6 203 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 11566/2026 Date: 05.05.2026 ANS