Dismissed writ petition regarding unlawful interference and mosque usage, dismissed as issues are pending before Supreme Court with status quo order.
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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH
THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR
WRIT PETITION No. 1078 OF 2016
BETWEEN
Managing Committee Masjid-e-Quli qautub Shahi Alamgiri, rep. by its President Mohd.Yaseen
… PETITIONER
AND
The State of Telangana, rep. by its Principal Secretary and others
...RESPONDENTS
Date of Order pronounced: 18.01.2016
ORDER:-
Heard.
2. By this writ petition, petitioner complains about unlawful interference by the respondents and the main ground on which the present writ petition is founded is the order passed by the A.P.Wakf Tribunal dated 11.09.2006 in O.S.No.102 of 2006 wherein petitioner is stated to have been granted a decree of perpetual injunction restraining the respondents i.e., the District Collector and the Mandal Revenue Officer, Sherrilingampally Mandal, from interfering into plaintiff’s use and enjoyment of the suit mosque for offering daily prayers. Petitioner has also produced copy of the order of the Division
Bench in W.P.No.23076 of 2013 and also copy of order in CRP Nos.5616 of 2003 and batch disposed of by order of a Division Bench dated 31.12.2007. It appears that against the said orders
SLP (Civil) Nos.9073 of 2008 is pending before the Hon’ble Supreme Court and an order of status quo was directed to be maintained by order dated 15.04.2008. Learned counsel for the petitioner also states that the petitioner has impleaded himself in the SLP and submits that petitioner’s claim is only with respect to Ac.0.01 gunta of land in Survey No.65 of Khanamamet where a Masjid is said to exist.
3. Instructions of the learned Government Pleader however show that there is no interference by the official respondents and the said land is stated to be belonging to Gurukul Ghatkesar Trust and SLP No.35744 of 2013 and batch is already pending relating to all matters on the lands belonging to Gurukul Ghatkesar Trust and that the said Trust is not a party to the present writ petition.
4. Evidently, petitioner is already before the Supreme Court in the SLP, referred to above, apart from several batch of SLPs pending before the Hon’ble Supreme Court relating to Gurukul Ghatkesar Trust lands. Hence, in the light of directions already issued by the Hon’ble Supreme Court to maintain status quo, I am unable to see how the present writ petition can be entertained. It is for the petitioner to avail appropriate remedy as it is stated that petitioner also get impleaded themselves as a party in the said SLP.
Hence, with the liberty aforesaid writ petition is disposed of. As a sequel the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
_____________________ VILAS V. AFZULPURKAR, J
January 18, 2016 LMV
Managing Committee Masjid-e-Quli qautub Shahi Alamgiri, rep. by its President Mohd.Yaseen
The State of Telangana
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
