IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 226 of 2005 Between: 1 Mohd. Nizamuddin, S/o. Mohd. Ghouse Mohiuddin, R/o. H.No. 3-19, Hussain Shah Vali Dargah Locality, Rayadurg, Ranga Reddy District. 2 Syed Mohd. Akbar Hussain, S/o. Syed Dildar Hussain, R/o. H.No. 3-9, Hussain Shah Vali Dargah Locality, Rayadurg, Ranga Reddy District. ..... PETITIONERS AND 1 The Andhra Pradesh State Wakf Board, represented by its Chief Executive Officer, Haz House, Opp : Public Gardens, Nampally, Hyderabad. 2 The Mandal Revenue Officer, Shaikpet Mandal, Office Situated at Road No. 3, Banjara Hills, Hyderabad. 3 The Revenue Inspector, Mandal Revenue Office Shaikpet, Office Situated at Road No. 3, Banjara Hills, Hyderabad. 4 The Station House Officer, Rayadurg Polie Station, R.R. District. 5 The Safrani Memorial School, Represented by its Manager, Khursheed Jah Gardens, Backside of the Raydug Police Station, Hussain Shah Vali Locality, Shiakpet Village and Mandal, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents No. 1 to 4 in not taking any steps for performing the daily prayers by the Hussain Shah Vali Dargah Locality people in Qutub Shahi Masque situated at Khursheed Jah gardens, the Hussain Shah Vali Dargah locality, Shaikpet Village which is a registered wakf, as Arbitrary, illegal null and void and violative of the Articles 21, 25 and 26 of the constitution of India, consequently direct the respondents to see that there shall be free access and there shall not be any obstruction to the Hussain Shal Vali Dargah locality people for performing the daily prayers in the Masque named Qutub Shahi Masque situated at Khursheed Jah gardens, the Hussain Shah Vali Dargah locality, Shaikpet Village by implementing the orders in NO. M4/25/Hyd/Prot/2004 dated 4-12-2004 issued by the respondent no. 1. Counsel for the Petitioners:MR.K.VENUMADHAV Counsel for the Respondent No.: Mr. A.M.Qureshi, SC for A.P. Wakf Board Counsel for respondents 2 and 3 : GP FOR REVENUE Counsel for Respondent No.4 : G.P. for Home Counsel for Respondent NO.5 : None appeared The Court at the stage of admission made the following ORDER: Learned counsel for the petitioners seeks permission of this Court to withdraw the writ petition. Permission is accorded and the writ petition is accordingly dismissed as withdrawn. There shall be no order as to costs. ---------------------- 24.01.2005 ksld To 1 The Chief Executive Officer, TheAndhra Pradesh State Wakf Board, Haz House, Opp : Public Gardens, Nampally, Hyderabad. 2 The Mandal Revenue Officer, Shaikpet Mandal, Office Situated at Road No. 3, Banjara Hills, Hyderabad. 3 The Revenue Inspector, Mandal Revenue Office Shaikpet, Office Situated at Road No. 3, Banjara Hills, Hyderabad. 4 The Station House Officer, Rayadurg Polie Station, R.R. District. 5 Two CCs. to the G.P. for Revenue, High Court of A.P., Hyderabad (OUT). 6 Two CCs. to the G.P. for Home, High Court of A.P., Hyderabad(OUT). 7 Two CD copies.