THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.30808 of 2010 Date : 8-2-2011 Between: Hazrat Ghouse-A-Azam Welfare Society, Represented by its President Sri Moosa Khan, Hyderabad .. Petitioner And The Government of Andhra Pradesh, represented by its Special Chief Secretary, Environment, Forest, Science & Technology, (Forest-II) Department, and others .. Respondents Counsel for petitioner : Sri C.Damodar Reddy Counsel for respondent Nos.1 to 4 : A.G.P. for Forests The Court made the following : ORDER: This Writ Petition is filed for a mandamus to declare the action of the respondents in not providing elephant from Nehru Zoological Park, Hyderabad on hire for the procession of “Giarhveen Shareef of Hazarath Ghouse-a- Azam Dastagir (Reh)” (for short “the procession”) on 26-3-2011 as illegal and arbitrary. I have heard Sri C.Damodar Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for Forests. The petitioner is a society which claims to be taking out the procession for the last 40 years. It is its further case that it is hiring elephant from respondent No.4 for taking out the procession under permission of respondent No.5. The petitioner submitted its application to respondent No.4 on 21-4-2010 for providing elephant on hire on 8-5-2010 but vide letter dated 24-4-2010 respondent No.4 informed the petitioner that they are unable to spare the elephant for the said procession on 8-5-2010 in view of ban order issued by the Government under G.O.Ms.No.132, Environment, Forest, Science and Technology (Forest-II) Department, dated 22-12-2009. The petitioner has made a representation on 24-11-2010 to respondent No.1 wherein it is inter alia stated that the ban order issued in G.O.Ms.No.132, dated 22-12-2009 was relaxed vide Memo No.1490/For.II(2)/2010, dated 24-7-2010 to enable the organizers of Bonalu processions to use elephant on 2- 8-2010 and 9-8-2010 and also for those who wanted to take out procession for Moharrum festival. The petitioner sought for a similar relaxation. The grievance of the petitioner is that so far no decision has been taken on the said representation. Since the petitioner’s representation before respondent No.1 is stated to be pending, it is not appropriate for this court to express any opinion on the right of the petitioner to hire an elephant. Since an order of relaxation was passed by respondent No.1 in respect of Bonalu and Moharrum festivals, it would be appropriate that the respondent No.1 will consider the petitioner’s representation for a similar relaxation for the forthcoming procession. Accordingly, without expressing any opinion on the merits, the Writ Petition is disposed of directing respondent No.1 to consider the petitioner’s representation dated 24-11- 2010, pass an appropriate order and communicate the same to the petitioner within a period of two weeks from the date of receipt of this order. As a sequel to disposal of the Writ Petition, WPMP No.39198/2010 is disposed of as infructuous. __________________________ C.V. NAGARJUNA REDDY.,J Date : 8-2-2011 Note: Furnish copy in (5) days. AM