Muslim Youth Association Vs the State of… — Writ and Judicial Review | Andhra Pradesh HC (2025)

Muslim Youth Association Vs the State of… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

No substantive relief on merits. The writ petition was closed with no costs after recording the learned standing counsel for the 2nd respondent's submission that the tender process was cancelled and that any further action would be in accordance with law and GOMs.No.162, Minorities Welfare (MFC) Department, dated 09.07.1999. As a sequel, miscellaneous petitions pending, if any, stand closed.

Issue for consideration

Whether the inaction of the 2nd respondent (Commissioner, Guntur Municipal Corporation) on the petitioner's representations dated 2.9.2025 and 8.9.2025, seeking stoppage of the proposed tender-cum-auction of the subject Shadi Khana scheduled for 16.9.2025 and handover of the property to the Minorities Welfare Department in terms of G.O.Ms.No. 162, is illegal, arbitrary, biased and unconstitutional. (Framed from the prayer; the Court issued no reasoned adjudication on it.)

Detailed headnote1 paragraphs

Andhra Pradesh High Court at Amaravati (Special Original Jurisdiction), Harinath.N, J., order dated 17.11.2025 in Writ Petition No. 26040 of 2025 (Muslim Youth Association, Regd. No. 251/1993 v. State of A.P. and others): The petition under Article 226 sought a mandamus declaring the inaction of the Commissioner, Guntur Municipal Corporation (2nd respondent) on the petitioner's representations dated 2.9.2025 and 8.9.2025 — seeking stoppage of the proposed tender-cum-auction of the subject Shadi Khana fixed for 16.9.2025 and handover of the property to the Minorities Welfare Department in terms of G.O.Ms.No. 162, Minorities Welfare (MFC) Dept., dt. 9.7.1999 — as illegal, arbitrary and unconstitutional, and a positive consideration of those representations together with the letter of the 5th respondent District Minority Welfare Officer; I.A. No. 1 of 2025 under Section 151 CPC sought interim handover of the Shadi Khana. When the matter came up, the learned standing counsel for the 2nd respondent submitted that the tender process had been cancelled and that any further action would be in accordance with law and GOMs.No.162, Minorities Welfare (MFC) Department, dated 09.07.1999, and requested disposal. Recording that submission, the Court closed the writ petition with no costs; miscellaneous petitions, if any, stand closed. No adjudication on merits; no precedent cited.

[3457]

APHC010503652025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT

THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26040/2025

Between:

MUSLIM YOUTH ASSOCIATION, REGD. NO. 251/1993, REP. BY ITS PRESIDENT SHA I K SALEEM, AGE . 50 YEARS S/O. ABDUL MAJEED SAHEB (LATE), D.NO. AHAMEDNAG A R, LALAPET, GUNTUR - 522 00 3 , A.P.

...PETITIONER

AND

1. THE STATE OF A NDHRA PRADESH, REP. BY I T S PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRA T ION, A.P., SECRETARIATE, V ELAGAPUDI-522238.

1. THE GUNTUR MUNICIPAL CORPORATION, R E P. BY ITS COMMISSIONER, GUNTUR-522004, A.P.

THE DISTRICT COLLECTOR, GUNTUR-522004, A.P. 4. THE STATE OF A P, REP. BY ITS PRL. SECRETARY , MINORITIES WELFARE DEPA R TMENT, A.P. SECRETARIAT, VELAGAPUDI52238.

THE DISTRICT MI N ORITY WELFARE OFFICER, GUNTUR. 6. THE DIRECTOR/ SECRETARY, A.P. STATE URDU ACADEMY, BHAVANIPURAM, V IJAYAWADA.

...RESPONDENT(S): Petition under Artic l e 226 of the Constitution of India pr a ying that in the circumstances stated in the affidavit filed therewith, the Hig h Court may be pleased topleased to iss u e a writ or order or direction in the nature of writ of Mandamus under Article 226 of constitution of India declarin g the inaction of the 2nd respondent i.e. C ommissioner, Guntur Municipal Cor p oration, Guntur, A.P. on the petitioner' s representations dt. 2.9.2025, 8.9.2025 seeking stoppage of proposed te n der cum auction proposed to be hel d 16.9.2025 and handover the subject pr o perty to the 1respondent Department for constituting management committee s on par with other similar Shadi Kha n as respectively is as illegal, arbitrary, biased, unconstitutional and against t h e principles of natural justice and violatie of Article 14, 15, 19 and 20 of Constitution of India consequently this Hon'ble Court may be pleased to direct the respondent Commissioner, Guntur Municipal Corporation, Guntur, A. P . to consider positively the petitioner's representations dated 2.9.2025, 8.9.2025 and letter of 5th respondent DM W O, Guntur seeking stoppage of te n der auction of subject Shadi Khana an d hand over the same to the 1st resp o ndent Minority

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Welfare Department respectively as per law established vide G.O.Ms.No. 162, Minorities Welfare (MFC) Dept., dt. 9.7.1999 and may please to pass IA NO: 1 OF 2025

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 pleased to direct the 2nd respondents to handover the subject Shadi Khana to the 1st respondent Minorities Welfare Department or to the petitioners association pending disposal of the above writ petition and pass

Counsel for the Petitioner:

1.MD SALEEM PASHA

Counsel for the Respondent(S):

1.GP FOR SOCIAL WELFARE

2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following:

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THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION No.26040 OF 2025

ORDER :

Today when the matter is taken up for hearing, the learned standing counsel appearing for the 2^nd respondent submits that the tender process was cancelled and any further action would be in accordance with law and in accordance with GOMs.No.162, Minorities Welfare (MFC) Department, dated 09.07.1999 and requested to dispose of the present writ petition.

Recording the submission of the learned standing counsel for the 2^nd respondent, the present writ petition is closed. No costs.

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

____________________

JUSTICE HARINATH.N

KGM

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317

THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION No.26040 OF 2025 Dated 17.11.2025

KGM