A residents' association had challenged the proposed construction of a Muslim Welfare Community Hall in Ashoknagar Park, Kurnool, seeking its preservation as per approved plan. The petitioner ceased prosecuting the matter; the court dismissed the writ petition for non-prosecution without costs.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 19630 OF 2003
Between:
Ashoknagar Citizens Association, Kurnool, Rep.by its President Mr. D.T.C.Subbarayudu S/o Subbaiah aged about 79 years, Retired S.E.Irrigation Department, R/o H.No.45/24-D4, Ashoknagar,KurnoolTown& District.
...Petitioner
AND
...Respondents
(R4 is impleaded as per Court Order dated 29-07-2009 in WP.MP.20034 of 2009)
(R5 is impleaded as per Court Order dated 04-10-2010 in WP.MP.9976 of 2010)
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 an order or direction more particularly in the nature of Writ of Mandamus declaring the action of the authorities in proposing to construct Muslim Welfare Community Hall in the existing Ashoknagar Park, Ashoknagar, Kurnool Town as arbitrary, illegal and consequently direct the respondents to preserve, maintain and develop the Ashoknagar Park, Ashoknagar, Kurnool as per approved plan in the interest of justice.
I.A. NO: 1 OF 2003(WPMP. NO: 24628 OF 2003)
Petition under Section 151 CPC praying that in thecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to maintain status quo of existing Ashoknagar Park, Ashoknagar, Kurnool town pending disposal of the above Writ Petition in the interest of Justice.
/
I.A. NO: 4 OF 2003fWVMP. NO: 108347 OF 2003)
Between:
Musilm Service Society, Kurnool reptd. by its Secretary, Sri M. Abdul Karim, Son of M.Abdul Rahim, aged about 70 years. Retd. Tahsildhar, residing at Khadakpura, Kurnool.
...3’’'' Party/Petitioner
AND
...Respondents 1 to 3 in W.P./Respondents
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 to vacate the status quo orders granted on 16-9-2003, in W.P.M.P. No.24628/2003 in W.P.No.19630/2003.
I.A. NO: 1 OF 2004fWVMP. NO: 1376 OF 2004t
Between:
...Petitioners/Respondents
AND
...Respondent/Respondent
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 to vacate the status quo orders granted on 16-9-2003, in W.P.M.P. No.24628/2003 in W.P. 19630/2003.
I.A. NO: 2 OF 2009(WPMP. NO: 22595 OF 2009)
Petition under Section 151 CPC order 6 Rule 7 praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue an order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondent in the proposing to construct Muslim Welfare Community Hall in existing Ashoknagar, Kurnool and the impugned proceedings in the first respondent in Memo No. 9284/D2/2002-05, dt. 6-9-2003 and consequential proceedings of the 2"'' respondent dt. 14-9-2003 as arbitrary, illegal and without jurisdiction and consequentlydirecttheauthoritiesto preserve, protect, maintain and develop the Ashoknagar part for welfare of local residents and in the interest of the public, Ashoknagar,Kurnool in the interest of justice"
I.A. NO: 1 OF 2010fWVMP. NO: 4720 OF 2010)
Between:
Syed Abdullah, S/o Late Abdul Hauz, 60 years. Retd. Public Sector Employee, R/o H.No.3-47, Kurnool Mandal, Kurnool District. ...Petitioner/Proposed Respondent
AND
...Respondents/Respondents
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 to vacate the interim orders passed in W.P.M.P. No. 24628 of 2003 in W P No 19630 of 2003 dated; 16-9-2003.
Counsel for the Petitioner: SRI M/S BHARADWAJ ASSOCIATES
Counsel for the Respondents: GP FOR MUNCIPAL ADMN & URBAN DEV Counsel for the Respondents: SRI S ARIFULLAH (SC FOR AP WAQF BOARD) Counsel for the Respondents: SRI SUBHANI S M Counsel for the Respondents: SRI MOHD HABEEBUR RAHMAN Counsel for the Respondents: SRI HANUMANTHA RAO BACHINA
The Court made the following order:
\ \
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No. 19630 OF 2003
Ashoknagar Citizens Association, Kurnool, represented by its President, D.T.C.Subbarayudu, S/o Subbaiah, Aged about 72 years, Occ: Retired S.E., Irrigation Department, R/o H.No.45/24-D4, Ashoknagar, Kurnool District.
... Petitioner
/ /
Versus
The Government of A.P., represented by its Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad and two others.
... Respondents
Counsel for the petitioner ; Sri M/s Bhardwaj Associates Counsel for respondents : GP for Municipal Administration
;; ORDER ::
Sri Y.Venkatesh, learned counsel representing M/s Bharadwaj Associates, learned counsel for the petitionerwould submit that the petitioner is not responding. Therefore,learned counsel is not in a position to proceed with the matter.
In view of the submission of learned counsel for the petitioner, it seems that the petitioner is not interested in prosecuting the writ petition.
0 '
\
Therefore, the Writ Petition is dismissed for non
prosecution. No costs.
As a sequel, all the pending miscellaneous petitionsshall
stand closed.
//TRUE COPY//
Sd/-S.SRINIVAS PRASAD ASSISTANT REGISTRAR -A
SECTION OFFICER
To,
- One CC to M/s Bharadwaj Associates, Advocate [OPUC]
- One CC to Sri Mohd Habeebur Rahman, Advocate [OPUC]
- One CC to Sri Hanumantha Rao Bachina, Advocate [OPUC]
- One CC to Sri S Arifullah, (SC for AP WAQF BOARD) [OPUC]
- One CC to Sri Subhani S M, Advocate [OPUC]
6 Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT]
- Two CD Copies
RAM
gl
r 4
HIGH COURT
-'» * ^ V .OATED:14/02/2024
ORDER
WP.No.19630 of 2003
DISMISSING THE WP FOR NON-PROSECUTION WITHOUT COSTS
2 provisions across 2 enactments
Ashoknagar Citizens Association, Kurnool, rep. by its President D.T.C.Subbarayudu
The Government of A.P., rep. by its Secretary, Municipal Administration and Urban Development Department
The District Collector, Kurnool District, Kurnool
The Municipal Corporation of Kurnool, rep. by its Commissioner
AP Wakf Board, rep by its Chief Executive Officer, Hyderabad
Syed Abdullah
Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
