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HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY Writ Petition No.1755 of 2021

Order:

This writ petition is filed seeking a direction to the respondents-Police officials to provide Police bandobast on 29.01.2021 and 30.01.2021 to organize the annual Urs Shareef Dargah of Hzt. Syed Abdal Hussaini.

2. Heard learned counsel for the petitioner; learned Assistant Government Pleader for Home and learned counsel for the implead petitioner.

3. The petitioner claims to be the hereditary Sajjad-e-

Nasheen and Muthawalli of Dargah Hzt Syed Abdal Hussaini. The annual Urs of Dargah Hzt Syed Abdal Hussaini was scheduled to be held on 29-01-2021 and 30-01-2021 as per the proceedings of the A.P. State Wakf Board dated 18-01-2021. Therefore, as the petitioner intends to celebrate the said annual Urs on 29-01-2021 and 30-01-2021, he has submitted a representation to the respondents-Police officials to provide Police bandobast to peacefully conduct the said ceremony. However, as there is no positive response from the respondents-Police officials in providing police bandobast as requested, the petitioner approached this Court by way of this writ petition seeking a direction to the respondents-Police officials to provide Police bandobast.

4. Learned Assistant Government Pleader for Home, on instructions, would submit that there has been a rival claim between the petitioner and the implead petitioner herein regarding the status of Muthawalli relating to the said institution and as such without deciding as to who are entitled for the said Muthawalli to enable them to celebrate the said ceremony, it is difficult to provide any such Police bandobast. He would also submit that to enforce the orders of the Court if any passed that usually Police would provide Police bandobast.

5. Learned counsel appearing for the implead petitioner would submit that the implead petitioner is entitled to the status of Muthawalli to organize the said ceremony of annual Urs Shareef of Dargah. He would further submit that the annual Urs ceremony for the last year was celebrated from 14.03.2020 to 16.03.2020 and it will be advanced only for 15 days in the next year as per the visibility of the moon and contrary to the said practice, the present annual Urs is sought to be organized in the month of January, 2021 and it is against to the established norms of the religion.

6. In reply to the said contention, learned counsel for the petitioner would submit that last year the A.P. State Wakf Board issued proceedings dated 12-3-2020 schedulling the celebration of the said annual Urs ceremony from 14-3-2020 to 16-3-2020 for three days and accordingly it was celebrated and this year again the same A.P. State Wakf Board issued proceedings dated 18-01-2021 schedulling celebration of the said annual Urs on 29.01.2021 and 30.01.2021 for two days and as such the petitioner is celebrating the said event on the said two dates. 7. Therefore, it is now evident that the A.P. State Wakf Board has been deciding the dates on which the said annual Urs is to be celebrated every year and accordingly it is fixing the schedule to celebrate the ceremony every year. As the A.P. State Wakf Board has now issued proceedings dated 18-01-2021 fixing the schedule to organize the said ceremony of annual Urs on 29-01-2021 and 30-01-2021, the petitioner is now celebrating the said ceremony on 29-01-2021 and 30-01-2021.

8. As there are rival groups with rival claims claiming the status of Muthawalli relating to that religious institution i.e. between the petitioner and the implead petitioner, to prevent law and order problem that may arise while celebrating the said annual Urs, this Court is of the considered view that a direction to the respondents-Police officials to provide Police bandobast to control law and order problem at the venue where the said annual Urs is going to be celebrated on 29.01.2021 and

30.01.2021 is essential.

9. Therefore, without entering into any controversy relating to the rival claims of the rival groups relating to the status of Muthawalli and other rights relating to the

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