✦ High Court of India · 20 Mar 2025

High Court · 2025

Case Details High Court of India · 20 Mar 2025
Court
High Court of India
Decided
20 Mar 2025
Length
1,047 words

Tanzeem-Ul-Masajid, Siddipet Committee, Regd. Society vide No. 41412010 (Old) AND 28412023 (new) Rpp by its President Sri Mohammed Ziauddin Asif S/o Mohd.Yousufuddin, Aged about 40 yea!-s, Occ- Business Office at H.No. 10-1-27, Charwadan Stteet, $iddipet Town and District. .....PETITIONER AND '1. The State of Telangana, rep by its Principal Secretary, Municipal Administration and Urban Developmeht Department, Secretariat, Hyderabad 2. The Qiddipet [vlunigipal Council, Rep by its Municipal Cornmissioner Office at Siddipet, Siddipet District. 3, The Gommi$qiener gf Police, Si(dipet District. 4. The Station Hquse Officer, Siddipet I Town Police Station Siddipet District. 5. Mohammed Ejaz llafiz, S/o Sirajuddin Aged about 65 years, Occ- Business R/o H.No. 9-4-7711 , Charwadaan Street,'Siddipet.

6. The State of Telangana. rep by ifs Prl.Secretary Home Department, Sgcretariat, Hyderabad. ...,.RESPONDENTS Petition Under Article 226 oi the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a proper writ order or orders, particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering and : disposi4g of the representation dated 05-03-2025 and 06-03-2025 is arbitrary and illegal and consequently issue a direction to the respondents to consider and dispose of the representation dated 05-03-2025 and 06-03-2025 by mdKing necessary arrangement at Eidgah Ground. Siddipet on occasion of Eid prayer. l.A.NO:1 OF 2025 Petition Under Section 151 CPC praylng that in the circumstqnces stated in the affidavit filed in support of the petition, the High Court may be pleased ta issue a direction to the responQents to conside!'and dispose of the representatien dated 05-03;2025 and 06-03-2025 pending disposal of the writ Petition in lhe interest of ju$tice. Counsel for lhe Pelitioner : SBI MOHD ASIFUDDIN Counsel for tbe Regpondent No.1 : GP FOR MCPL ADMN AND URBAN DEVELOPMENT I Counsel for the Respondent No.2 : SRI PUTTA KBISHNA REODY Coqnsel for the Respondent Nos.3,4&6: Sfrl C.ANKETH REDDY, G.P FOR HOME Coqnsel fos $19 Respon(ent No.S ' SRI oBAID MOHIUDDIN The Court at the stage of admission made the following ORDER ,/ / THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition N o.8570 of 2025 , ORDER: Heard learned counsel for the petitioner; learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1; Sri P.Krishna Reddy, learned Standing Counsel appearing for respondent No.2; Sri G.Aniketh Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.3, 4 and 6; and Sri Obaid Mohiuddin, learned counsel appearing for respondent No.5 and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. Shorn of unnecessary details, the case of the petitioner-society, in brief, is that it had approached the respondents-authorities and submitted representations dt.05.03.2025 and 06.03.2025 seeking for grant of permission to conduct Eid prayers at the ensuing Ramzan and in spite of the petitioner submitting the aforesaid representations seeking to provide sufflcient police force, the respondents-authorities are not taking any action thereon, which action of the respondents it is contended is highly illegal and arbitrary.

3. Per contra, learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.3, 4 and 6 submits that the authorities by considering the representations submitted by the petitioner I I I 2 have caused enquiry and closed on the same day by recording the same as 'civil in nature'.

4. Learned counsel appearing on behalf of the 5th respondent submits that the petitioner-society has no semblance of interest in respect of the premises for which permission has been sought and there are inter se disputes in relation to the aforesaid place of prayer and the petitioner by getting itself registered in the year 2023 is seeking to lay claim over the subject place of prayer, which is in the custody and possession of the earlier society.

5. I have taken note of the respective contentions urged.

6. Having regard to the submissions made as above, since the representations submitted by the petitioner having been acted upon by the respondents-authorities and closing the same on 05.03.2025 as'civil in nature', this Court is of the view that if the petitioner-society is aggrieved by the aforesaid communication, it has to avail the remedies open to it in law and for the said purpose/ no orders can be passed in the present Writ Petition, more so, when there arc inter se disputes betvveen the petitioner society registered in the year 2023 and the society claimed to have been registered in the year 2010 being represented by the 5th respondent, for resolution of which, the parties are required to approach the appropriate forum. 3 I 7 Subject to above observation, the Writ petition is disposed of. No order as to costs. B Miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/-L. LAKSHMI ABU DEPUTY REG TRAR SECTION FFICER

1. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, State of Telangana at Hyderabad.

2. The Municipal Commissioner, Siddipet Municipat Council, Office at Siddipet, Siddipet District.

3. The Commissioner of Police, Siddipet District. 4 The Station House Officer, Siddipet lTown Police Station Siddipet District. 5. The Principal Secretary, Home Department, Secretariat, State of Telangana a( Hyderabad, 6 Two CCs to GP FOR MCPL ADMN AND URBAN QEVELQPMENT, High 7 Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Court for the State of Telangana at Hyderabad. [OUT] Hyderapad. [OUT] HyderaQad [OUT] B. Two CQs to QP FOR HQME, Hlgh Cqurl for the State of Telangana at ' 9 One eQ to $Rl MOHD ASIFUDEIN, Adyqcate IOPUC] 10 one CQ to QRI PUTTA KRISHNA RqpDY, Advocate (OPUC) 11 One CC to SRI OBAID MOHIU0DIN, Advocate (OPUC) 12.Two CD Copies I To SA BS ;}. HIGH COURT DATED:2010312025 <J .T q. o o1r .$' ^:\ \- + ) '.,^,rp * I Ql ,!tt ORDER .4 WP.No.8570 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. I v )n>{

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