The High Court dismissed a writ petition filed by a Government Qazi challenging another individual's performance of similar duties as interference. The Court held that a writ of mandamus against an individual is not maintainable.
The writ petition was dismissed. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
THURSDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 15650 OF 2016
Between:
Hafiz Shaik Mohammed Rizwan, S/o Md. Shahid Aged about:42Yrs, Occ: Govt. Qazi for Gurazala Assembly constituency, 0pp. Police Station Lane, Piduguralla, Guntur District.
...Petitioner
AND
...Respondents
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 writ, or orders or a direction,moreparticularlyonein the nature of Mandamus declaring the action of the2ndrespondent in interfering with the official duties of the petitioner in performing the marriages in Gurajala Assembly Constituency as illegal,arbitraryand in violation of G.O.Ms.No.111, Minorities Welfare (WAKF-I) Department dated; 26-4-2011 apart from volatile of Article 14, 19 and 21 of the
Constitution of India and consequently direct the respondents not to interfere/restrain to perform or undertake any Muslim marriages in the Gurajala Assembly Constituency as Government Khazi.
I.A. NO: 1 OF 2016(WVMP. NO: 2865 OF 2016)
The Hafiz Mohammed Saleha, S/o Shaik Dastagir Saheb Aged about: 45 Yrs, Occ: Govt. Quazi R/o Near E.Seva. Opp to Children Hospital Kummari Street, Narsaraopet, Guntur District.
...Petitioner
AND
...Respondents
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order granted by this Hon'ble Court in W.P.M.P.No. 19357 of 2016 in W.P.No.15650 of 2016,dated:29-4-2016in the interest of justice pending disposal of the aboveW.P.
I.A. NO: 2 OF 2016fWPMP. NO: 19357 OF 20161
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased direct the respondents not to interfere/restrain to perform or undertake any Muslim marriages in the Gurajala Assembly Constituency as Government Khazi, pending disposal of the writ petition.
Counsel for the Petitioner: SRI. TATA SINGAIAH GOUD
Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE
Counsel for the Respondent No.2: SRI S A RAZAK
The Court made the following order:
APHC010023822016
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3329]
THURSDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 15650/2016
Between:
Hafiz Shaik Mohammed Rizwan, Guntur Dist ...Petitioner
AND
The State of Andhra Pradesh and another ...Respondents
Counsel for the Petitioner:
I.Tata Singaiah Goud
Counsel for the Respondents:
1 .GP for Social Welfare (AP)
2.S A Razak
The Court made the following order:
There was no representation for the petitioner on 12.12.2024, and the matter was posted under the caption "For Dismissal". Even today, there is no representation for the petitioner.
- The petitioner sought a writ of mandamus against anotherindividual
who is performing duties similar to those of the petitioner. However, a writ of
mandamus against an individual is not maintainable.
- Accordingly, the writ petition is dismissed. Thereshallbenoorderasto costs.
Consequently, miscellaneous petitions, if any, pending shall stand
closed.
//TRUE COPY//
Sd/- N. NAGAMMA ASSISTANT REGISTRAR
SECTHION OFFICER
To
« >
GSC
HIGH COURT DATED:19/12/2024
ORDER
WP.No.15650 of 2016
DISMISSING OF THE WP
WITHOUT COSTS
2 issues framed by the court
Whether a writ of mandamus is maintainable against an individual interfering with official duties.
Whether to grant the writ petition on the ground of violation of fundamental rights.
5 provisions across 2 enactments
Hafiz Shaik Mohammed Rizwan
The State of Andhra Pradesh
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
