Shaik Ghouse v. a Samuel

Andhra Pradesh HC10 Jul 2025CC/254/2019

Case brief

AI extract

What is this about?

Andhra Pradesh High Court at Amaravati, Special Original Jurisdiction; K. Suresh Reddy, J; Contempt Case No.254 of 2019, decided 11.07.2025. Petitioners: Shaik Ghouse, Shaik Sarkar, Shaik J Sherif, Arshid Unissa, A. Unnissa (Gudivada, Krishna District). Contemnors: A Samuel; Mohd Shaik Ahmed (AP State Wakf Board); Gulzar Chowk Masjid Graveyard and Masjid Noor Managing Committee. Subject: alleged breach of undertaking recorded during W.P. No.40317 of 2017 that no construction of a commercial complex was occurring in the Gudivada grave yard; related W.P. No.8290 of 2019 dismissed for default 27.06.2025. Outcome: contempt case closed at petitioners' request; no merits decided; no quantum involved.

What did the court decide?

The present Contempt Case is closed; as a sequel, miscellaneous applications pending, if any, stand closed. ¶¶31

Shaik Ghouse Vs a Samuel — Andhra Pradesh HC (2025) — LawSathi Research

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APHC010145772019

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3239]

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FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K SURESH REDDY CONTEMPT CASE NO: 254/2019

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Between:

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SHAIK GHOUSE, S/O. SHAIK MEHBOOB AGED 60 YEARS, OCCBUSINESS R/O. D.NO. 5-83-2, GUDIVADA, KRISHNA DISTRICT

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SHAIK SARKAR, S/O. ABDUL RAHMAN AGED YEARS, OCC BUSINESS R/O. D.NO. 5/197, GUDIVADA, KRISHNA DISTRICT

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SHAIK J SHERIF, S/O. SHAIK DAL...SHERIF AGED 48 YEARS, OCC TAILOR

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ARSHID UNISSA, W/O. SHAIK GHOUSE AGED 48 YEARS, OCC. YSRCP CO.OP. MEMBER R/O. D.NO. 5/83-2, VALIVET KADU ROAD, GUDIVADA, KRISHNA DISTRICT

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A. UNNISSA,, W/O. SHAIK SAT-TAR, AGED 45 YEARS, OCC. TDP COUNCILOR R/O. D. NO. 5/197, MUBARAK CENTER GUDIVADA, KRISHNA DISTRICT.

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...PETITIONER(S)

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AND

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A SAMUEL, KRISHNA DISTRICT

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MOHD SHAIK AHMED, THE ANDHRA PRADESH STATE WAKF BOARD IMDAD GHAR BUILDING, KALESWARA RAO MARKET, VIJAYAWADA.

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GULZAR CHOWK MASJID GRAVEYARD AND MASJIDFNOOR, MANAGING COMMITTEE, REP. BY ITS PRESIDENT OPP. I TOWN P.S., GUDIVADA, KRISHNA DISTRICT.

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...CONTEMNOR(S):

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Counsel for the Petitioner(S):

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1.K SAI MOHAN RAO

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2.MOHAMMED GAYASUDDIN

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Counsel for the Contemnor(S):

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1.K ASAD AHAMED ( SC FOR AP WAKF BOARD)

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2.(SC FOR WAKF BOARD ANDHRA AREA)M V AHMED

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C.C. No.254 of 2019 KSR,J

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The Court made the following ORDER :-

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Seeking Writ of Mandamus restraining the Commissioner, Gudivada Municipality from constructing commercial Complex in the grave yard, the petitioners filed Writ Petition No.40317 of 2017. After receiving notice in the above Writ Petition, learned Standing Counsel for the Wakf Board submitted that no construction activity was going on within the compound of grave yard. Recording the same, this Court disposed of the said Writ Petition by order, dated 08.12.2017. Thereafter, in the year 2019, the present Contempt Case is filed by the petitioners complaining violation of undertaking recorded before this Court in the above orders.

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2. Now, the learned counsel for the petitioners submits that the Contempt Case was filed after more than one year from the date of order in the Writ Petition i.e., on 30.04.2019. In the interregnum, he also filed Writ Petition No.8290 of 2019, which was also dismissed for default on 27.06.2025. Hence, the learned counsel for the petitioners submitted that the Contempt Case may be closed.

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3. In view of the above facts and circumstances and recording the above said submission, the present Contempt Case is closed.

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As a sequel, miscellaneous applications pending, if any, shall stand closed.

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K.SURESH REDDY, J

Dt. 11.07.2025

SAB / TSNR