WRIT PETITION NO: 12925 OF 2025 v. 1. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus, declaring the 2nd respondent Proceeding. F.No. 03/NLG/DM/202312-lll, dated. 18-03-2025, in which the 2nd respondent request the Superintendent of Police/respondent. No.5, Nalgonda to initiate criminal action against the Urs Committee Members and so called Mujawars under relevant provision of BNS, 2023 and punish them as illegal, arbitrary against the principles of natural justice and in contrary to the Order in WP. No. 5120 oI 2024, dated.27- I /t 02-2024 and Section 3(i) of Waqf Act, '1995. Consequently, to suspend the 2nd respondent Proceeding F. No. 03/NLGlDMl2023lz-lll, dated. 1810312025 in which the 2nd respondent request the Superintendent of Police/respondent. No. 5, Nalgonda to initiate criminal action against the Urs Committee Members and so called Mujawars under relevant provision of BNS, 2023 and punish them by considering the Order in WP. No. 5120 ot 2024, dated. 2710212024 and Section 3(i) of Waqf Act, 1995 fA NO: 1 OF 2025 Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the 2nd respondent Proceeding F. No. 03/NLGlDMlzl23lz-lll, dated. 18- 03-2025 in which the 2nd respondent request the Superintendent of Police/respondent. No. 5, Nalgonda to initiate criminal action against the Urs Committee Members and so called Mujawars under relevant provision of BNS, 2023 and punish them by considering the Order in WP. No. 5120 of 2O24,daled. 27-02-2024 and Section 3(i) of Waqf Act, 1995, pending disposal of the writ petition. Counsel for the Petitioners:SRl. CHALAKANI VENKAT YADAV Counsel for the Respondent No.'l: GP FOR MINORITY WELFARE Counsel for the Respondent No. 2,7,8 : S.C FOR WAKF BOARD Counsel for the Respondent No. 3,4,6 : GP FOR REVENUE Counsel forthe Respondent No. : GP FOR HOME The Court made the following: ORDER II // I I I THE HON'BLE SRI JUSTICE T, VINOD KUMAR Writ ition No, 12925 of 2O25 ORDER: Heard learned counsel for the petitioners, learned Government Pleader for Minority Welfare appearing for respondent No.1, Sri Farhan Azam Khan, learned Standing Counsel appearing for respondent Nos.2, 7 and B, learned Government Pleader for Revenue appearing for respondent Nos.3,4 and 6 and learned Government Pleader for Home 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. The petitioners contend that the 2nd respondent wlthout takinq note of the fact that they have been undertaking and performing various religious functions/ceremonies since long at Dargah Hazarath Syed Latheefullah Sha Quadri(RH) and its attached properties at Nalgonda Town and District, had addressed communication dt.18.03'2025 to the 5th respondent to initiate criminal action against the persons named therein under BNS, 2023, without there being any cause and claiming that the petitioners herein along with others have formed illegal Urs Ceremony Committee.

3. Petitioners further contend that since, the 2nd respondent had addressed the aforesaid letter, the 5th respondent may initiate action 2 against the petitioners, without taking note of the pendency of the Writ Petition, vide W.p.No.Sl20 of 2024 on the file of this Couft and also the second appeal, vide S.A.No.1222 of 1999,filed the.present Writ petition. 4. Per contra, learned Government pleaders appearing on behalf of respondents, in particular learned Government pleader appearing for the 5s respondent, wourd submit that the aforesaid letter has been addressed by the 2nd respondent on 1g.03.2025 and that since, the 5h respondent is not the concerned authority to register a crime, the said authority would fon'vard the same to the jurisdictionar station House officer for rooking into the same and to take action thereon. 5, Learned Government pleader however assu!.es this Court that in the event of the contents of the complaint lodged by the 2"d respondent herein indicate commission of any cognizable offence, the authorities would take further action by following due process of law.

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

7. Though the 2nd respondent had addressed letter dt.18.03.2025, as of date, no case has been registered by the concerned SHO working under the 5h respondent till date. B. Since, the learned Government pleader appearing for the 5rh respondent has now given assurance to this Courlrthat the 5rh respondent 3 would forward the aforesaid complaint lodged by the 2nd respondent to the concerned Station House Officer, to look into the contents of the complaint and if the contents of the complaint disclose commission of any cognizable offence, the authorities would take further action in the matter, this Court is of the view that in the event of the respondents-authorities initiating any action thereon, such action is to be taken strictly in accordance with law.

9. Subject to above direction, the Writ Petition is disposed of. No I order as to costs.

10. lvliscellaneous petitions, if any, pending in this writ petition shall stand closed //TRUE COPY// SD/. M.OSMAN ALI BAIG ASSISTANT REGISTRAR / \r7 SECTION,OFFICER To, '1. The Principal Secretary' Minorities Welfare (ESTT'll) Department' Secretariat' 2. The Telangana State wrft a.utO, Hajj House, Nampally' Hyderabad' Rep by its Hyderabad,State of Telangana \ Chief Executive Officer

3.ThestateofTelangana,RevenueDepartment,secretariatBuildings,Hyderabad' Rep. by its PrinciPal Secretary.

4. The Diltrict Collector, Nalgonda, Nalgonda District S. fh" Srp"rintendent of Police, Nalgonda, Nalgonda District' 6. The Tai'rsildhar, Nalgonda, Nalgonda District i. ffr" f nip""torAudit6rWaK, Nalgonda, Nalgonda Diskict B. The SurveyorWakf, Nalgonda, Na!Oo{3.- 9. o.; cc to saj CHALA"KANI VENKAT YADAV Advocate [oPUC] 10. Two ccs to Gp ron HaiNoirrv WELFARE ,High court for the state of Telangana r r.iwo ccs to Gp FOR REVENUE High court for the state of relangana, at touTl Hyderabad [OUT] li..TwoccstoGPFORHOMEHighcourtforthestateofTelangana'atHyderabad tourl.

13.bne CC to S.C FOR WAKF BOARD 14.Two CD CoPies DD PSK {re'' HIGH COURT DATED:2810412025 ORDER WP.No.12925 ot 2025 'L 'l + ( a') 1E1-4 s *\ a )- $5 c r-r n rY\ .:: DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ { \t1\