Syed Kamaluddin Hussaini v. The Government Of A.P.

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.29567 OF 2011 Between:

Syed Kamaluddin Hussaini .. Petitioner And The Government of A.P., Rep. by Principal Secretary, Home, Hyderabad, and others.

.. Respondents DATE OF JUDGMENT PRONOUNCED: 06-08-2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE SANJAY KUMAR

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.29567 of 2011 ORDER:

The grievance of the petitioner, the Pesh Imam of Dargah Mosque in Dargah Hazarat Baba Fakruddin Rahamatullah at

Penukonda, Ananthapur District, filed this writ petition alleging that the police authorities, respondents 4 and 5, were interfering with the discharge of his duties at the behest of respondents 6 to 8. It is the case of the petitioner that he has an injunction order against respondents 6 to 8 from the A.P. State Wakf Tribunal, Hyderabad, passed in I.A.No.88 of 2011 in O.S.No.26 of 2011. By order dated 05.11.2011, this Court directed respondents 4 and 5 not to interfere with the petitioner's duties of leading 'Eid Ul Zuha' (Bakrid) prayers except in accordance with law. Sri Mirza Safiulla Baig, learned counsel for the petitioner, states that pursuant to the interim order granted by this Court, the police authorities did not interfere with the petitioner's functioning but respondent No.8 is still continuing to do so. It is for the petitioner to avail appropriate remedies in accordance with law insofar as his dispute with the 8th respondent is concerned and the same cannot be adjudicated by this Court in exercise of writ jurisdiction.

Insofar as the alleged interference by the police is concerned, the Station House Officer, Penukonda Police Station, Ananthapur District, furnished written instructions dated 31.07.2015 to the office of the learned Government Pleader for Home, wherein he stated that except providing protection at the Dargah during festivals at the request of revenue/gram panchayat officials, the police were not interfering with the discharge of duties by the petitioner. Recording the said statement, the writ petition is closed. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 6th August, 2015 IBL