APHC010452202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

MONDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22947/2025 Between:

1. SGN HAFEEZ PASHA, HEREDITARY SAJJADANASHEEN CUM MUTAWALLI, AGED 47 YEARS, DARGAH SYED SHAH HAJI KHAWAJA RAHMATULLAH SAHEB PEER @ NAYAB-E- RASOOL AND MASJID, A.S. PETA SPSR NELLORE DISTRICT.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI.SECRETARY, MINORITIES WELFARE DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. THE ANDHRA PRADESH STATE WAQF BOARD, REP.BY ITS CHIEF EXECUTIVE OFFICER, IMDAD GHAR WAQF COMPLEX, VIJAYAWADA, KRISHNA DISTRICT.

3. THE CHIEF EXECUTIVE OFFICER, ANDHRA PRADESH STATE WAQF BOARD, IMDAD GHAR WAQF COMPLEX, VIJAYAWADA, KRISHNA DISTRICT.

4. THE EXECUTIVE OFFICER, DARGAH HAZRATHSYED SHAH HAJI KHWAJA RAHMATHULLA SAHEB, @NAYAB-E RASOOL AND MOSQUE, A.S. PETA (VAND M), SPSR NELLORE DISTRICT.

5. THE REVENUE DIVISIONAL OFFICER, ATMAKUR, SPSR NELLORE DISTRICT.

6. THE MANDAL REVENUE OFFICER, AS PETA, SPSR NELLORE DISTRICT.

7. THE DEPUTY SUPERINTENDENT OF POLICE, ATMAKUR, SPSR NELLORE DISTRICT.

8. THE STATION HOUSE OFFICER, AS PETA, SPSR NELLORE DISTRIC ...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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondent Nos. 2 to 4 in not permitting/allowing the petitioner to perform his hereditary Sajjadanasheens customary and statutory right of performing the lifting of Sandal Pot and other ceremonies attached to the 252nd Urs Festival, to be performed between 31.08.2025 to 02.09.2025 and 18.09.2025 to 20.09.2025, in Dargah Syed Shah Haji Khawaja Rahmatullah Saheb Peer @ Nayab-e Rasool and Masjid, A.S. Peta, SPSR Nellore District, and to declare the same as illegal, arbitrary, and also contrary to the order dated 18.04.2023, passed by this Honble Court in W.P.No.9032of 2023, and also contrary to Sections 38(3) and 64(2) of the Waqf Act, 1995, and to declare the same as illegal, arbitrary, and also in violation of the fundamental rights guaranteed by the Constitution of India, besides settled principles of law, and consequently direct the respondent Nos.2 to 4 not to permit any other third parties to perform the lifting of Sandal Pot and other ceremonies attached to the 252nd Urs Festival, to be performed between 31.08.2025 to 02.09.2025 and 18.09.2025 to 20.09.2025, in Dargah Syed Shah Haji Khawaja Rahmatullah Saheb Peer @ Nayab-e-Rasool and Masjid, A.S. Peta, SPSR Nellore District, except the petitioner being Sajjadanasheen of the Dargah, in accordance with the directions passed i in order dt

18.04.2023 in W.P.No. 9032 of 2023, and pass IA 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 pleased to direct the Respondent Nos: 2 to 4, to permit the petitioner to perfom the Urs festival including lifting of Sandal Pot in the 252nd Urs Festival, to be held between 31.08.2025 to 02.09.2025 and 18.09.2025 to 20.09.2025 in the Dargah Syed Shah Haji Khawaja Rahmatullah Saheb Peer @ Nayab-e- Rasool and Masjid, A.S.Peta SPSR Nellore District, pending disposal of the writ petition, pass Counsel for the Petitioner:

1. RAVULA NAGARJUNA Counsel for the Respondent(S):

1. GP FOR HOME

2. GP FOR REVENUE

3. GP FOR SOCIAL WELFARE

4. SHAIK KHAJA BASHA The Court made the following:

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.22947 of 2025

ORDER:

Learned counsel for the petitioner represented and stated that the cause in the writ petition has rendered infructuous. Learned counsel endorsed the same on the bundle.

Recording the said submission, the present Writ Petition is dismissed as inf