Syed Mahaboob Basha vs. The State Of Andhra Pradesh

Interim Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble Nyapathy Vijay
Case Status:Unknown Status
Order Date:29 Apr 2025
CNR:APHC010183992025

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Order Issued After Hearing

Purpose:

Admission

Before:

Hon'ble Nyapathy Vijay

Listed On:

29 Apr 2025

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Order Text

$[3460]$

(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9779 OF 2025

Between:

Syed Mahaboob Basha, S/o. Syed Nizamuddin Hussani, Aged- 52 years, Occ- Mutawalli, R/o. H.No.25-89, Havannnapet, Adoni Town, Adoni, Kurnool District, A.P.

Petitioner

AND

    1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagpudi, Amaravathi, Guntur District, A.P.
    1. The Adoni Municipality, Rep. by its Commissioner, Adoni, Kurnool District, A.P.
    1. The Town Planning Officer, Adoni Municipality, Adoni, Kurnool District, $A.P.$
    1. The District Collector, Kurnool District, Office at Kurnool District, A.P.
    1. The Revenue Divisional Officer, Adoni Division, Adoni Mandal, Office at Adoni, Kurnool District, A.P.
    1. The Tahsildar, Adoni Mandal, Office at Adoni, Kurnool District, A.P.
    1. The Andhra Pradesh State Wakf Board, Rep. by its Chief Executive Officer, 4th and 5th Floor Imdad Ghar Wakf Complex, Opp-Kaleswararao Market, Vijayawada, Krishna District, A.P.
    1. Mr. Jammapet Mukhtar Ahmed, S/o. Mr. J. Ata Mohammed, Aged- 50 years, Occ- Business, R/o. H.No. 1/541/21C, 4th class Employees Colony, Revenue Ward No.1, Adoni Town, Kurnool District, A.P

Respondents

WHEREAS the Petitioner above named through his Advocate Sri MD ABDUL MATEEN QURESHI presented this 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 to issue <sup>a</sup> Writ or Writs more appropriately a Writ of Mandamus declaring the inaction of Respondent No. 2 and 3 in preventing the illegal construction carrying out by the respondent No. 8 in respect of wakf property bearing Door No. 1/541/21C in Survey No. 259/A situated at NGOs Colony, Adoni Municipality, Adoni Town, Kurnool District, A.P., as illegal, void, ultra virus, and unconstitutional and also in violations of the provisions of the Andhra Pradesh Municipalities Act, 1965 and also inviolations of orders passed by this Honble Court in W.P. No. 5511 of 2025 dated 06.03.2025 in the justice and equity .

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri MD ABDUL MATEEN QURESHI Advocate for the Petitioner and of GP FOR MUNICIPAL administration for Respondent No.1, GP FOR REVENUE for Respondent Nos. <sup>4</sup> to 6, Sri G LAKSHMI NARAYANA, Standing Counsel for Respondent Nos. <sup>2</sup> and 3,Sri SHAIK KHAJA, Advocate for Respondent No.7, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

    1. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagpudi, Amaravathi, Guntur District, A.P.
    1. The Commissioner, Adoni Municipality, Adoni, Kurnool District, A.P.
    1. The Town Planning Officer, Adoni Municipality, Adoni, Kurnool District, A.P.
    1. The District Collector, Kurnool District, Office at Kurnool District, A.P.
    1. The Revenue Divisional Officer, Adoni Division, Adoni Mandal, Office at Adoni, Kurnool District, A.P.
    1. The Tahsildar, Adoni Mandal, Office at Adoni, Kurnool District, A.P.
    1. The Chief Executive Officer, Andhra Pradesh State Wakf Board, $4th$ and 5th Floor Imdad Ghar Wakf Complex, Opp- Kaleswararao Market, Vijayawada, Krishna District, A.P.
    1. Mr. Jammapet Mukhtar Ahmed, S/o. Mr. J. Ata Mohammed, Aged- 50 years, Occ- Business, R/o. H.No. 1/541/21C, 4th class Employees Colony, Revenue Ward No.1, Adoni Town, Kurnool District, A.P.

are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith(copy enclosed) this WRIT PETITION should not be admitted on or before 03.07.2025 or to which date the case stands posted for hearing.

The Court made the following: ORDER

"Notice before admission.

Learned Government Pleader for Municipal Administration takes notice on behalf of respondent No.1 and Sri Shaik Khaja, learned counsel takes notice on behalf of respondent No.7.

Learned counsel for the petitioner is permitted to take out personal notice to the respondent No.8 by RPAD and file proof of service in the Registry.

Post the matter on 03.07.2025."

Sd/- K.TATA RAO DEPUTY REGISTRAR

SECTION OFFICER

//TRUE COPY//

$F_{\ell}$

To,

    1. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagpudi, Amaravathi, Guntur District. A.P.
    1. The Commissioner, Adoni Municipality, Adoni, Kurnool District, A.P.
    1. The Town Planning Officer, Adoni Municipality, Adoni, Kurnool District. $AP$
    1. The District Collector, Kurnool District, Office at Kurnool District, A.P.
    1. The Revenue Divisional Officer, Adoni Division, Adoni Mandal, Office at Adoni, Kurnool District, A.P.
    1. The Tahsildar, Adoni Mandal, Office at Adoni, Kurnool District, A.P.
    1. The Chief Executive Officer, Andhra Pradesh State Wakf Board, $4th$ and 5th Floor Imdad Ghar Wakf Complex, Opp- Kaleswararao Market, Vijayawada, Krishna District, A.P.
    1. Mr. Jammapet Mukhtar Ahmed, S/o. Mr. J. Ata Mohammed, Aged- 50 years, Occ- Business, R/o. H.No. 1/541/21C, 4th class Employees Colony, Revenue Ward No.1, Adoni Town, Kurnool District, A.P.(Nos. 2 to 8 by RPAD- along with a copy of petition and affidavit)
    1. One CC to SRI. MD ABDUL MATEEN QURESHI Advocate [OPUC]
  • Two CCs to GP MUNCIPAL ADMN AND URBAN DEV AP, High $10.$ Court Of Andhra Pradesh. [OUT]

  • One CC to SRI. SHAIK KHAJA Advocate [OPUC] $11.$

  • $12.$ One CC to SRI.G LAKSHMI NARAYANA Advocate [OPUC]

    1. Two CCs to GP FOR REVENUE, High Court of A.P at Amaravathi.
  • $13.$ One spare copy

HIGH COURT

VN,J

DATED:29/04/2025

POST THE MATTER ON 03.07.2025

NOTICE BEFORE ADMISSION

WP.No.9779 of 2025

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