IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 15114 of 2008 Between: Habeeb Mohammed, S/o. Habeeb Mujtaba R/o. Gyarvi Sherif Ka Chilla & Mosque, Mamidipalli Village, Saroornagar Mandal, R.R.District. ..... PETITIONER AND 1 The Mandal Revenue Officer, Saroornagar Mandal, R.R. District. 2 A.P. Industrial Infrastructure Corporation Ltd., rep. by its Chairman & Managing Director, 6th floor, Parishrama Bhavan, Fathemaidan Road, Basheerbagh, Hyderabad-4. 3 M/s. Indutech Limited, rep. by its Managing Director, Office at Mamidipally Village, Pahadisharif Post, Saroornagar (M), R.R. District. .....RESPONDENT(S) 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 a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to dispossesss the Religious Institution namely "Gyarvi Shareef-ka- Chilla & Mosque" and its appurtenant land to the extent of Ac.22.00 gts. covered by Sy.No.99/1, situated at Main Road, Mamidipally Village, Saroornagar Mandal, R.R. District, without following due process of law and further demolishing the steps leading to the Chilla, as highly arbitrary, illegal, unconstitutional and violative of Articles 14, 16, 19, 21, 26 and 300-A of Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the said institution and also the religious activities conducted in the said institution without following due process of law, in the interest of justice. Counsel for the Petitioner:MR.P.SHIV KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.15114 OF 2008 ORAL ORDER: The petitioner who claimes to be the priest of “Gyarvi Sherif Ka Chilla and Mosque” situated in survey No.99/1, Mamidipally Village, Saroornagar Mandal, Ranga Reddy District, has filed this writ petition praying for the following relief: “to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to dispossesss the Religious Institution namely "Gyarvi Shareef-ka-Chilla & Mosque" and its appurtenant land to the extent of Ac.22.00 gts. covered by Sy.No.99/1, situated at Main Road, Mamidipally Village, Saroornagar Mandal, R.R. District, without following due process of law and further demolishing the steps leading to the Chilla, as highly arbitrary, illegal, unconstitutional and violative of Articles 14, 16, 19, 21, 26 and 300-A of Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the said institution and also the religious activities conducted in the said institution without following due process of law, in the interest of justice.” The petitioner claims that he wants to perform some religious ceremonies in the mosque which is said to be situated in the survey number in question. The petitioner except stating that the mosque is situated in survey No.99/1 and except filing electricity receipts and some photographs, has not filed any material or document, much less title deeds, to show that he is legally in possession of the said land. Though the petitioner contends that there exists a mosque in the land in question, the same is disputed by the respondent. This Court in earlier round of litigation in W.P.Nos.1278 and 1328 of 2007 filed by two persons, namely, Md.Kannusuddhin and Mjohd. Khaja Mazharuddin, questioned the action of the respondents therein in interfering with their land in this very same survey No.99/1, and this Court taking into consideration the fact situation, by Judgment dated 09.08.2007 dismissed the writ petitions holding that the petitioners therein failed to prove their possession of the land and title thereto. The petitioner has filed this writ petition in his individual capacity and he has not proved his title to the land in question. Had the mosque or the Wakf Board which controls the activities of the mosque filed the writ petition seeking the relief as is claimed in this writ petition, then this Court would have considered such a request. Reliance placed by the learned counsel for the petitioner on the Judgment of the Apex Court in GULAM ABBAS V. STATE OF U.P.[1] in support of his argument that when the petitioner’s right to perform religious rites is infringed, he can maintain a writ petition, is of no assistance to him because the petitioner failed to prove his title to the land in question where the mosque is alleged to be situated. The petitioner is seeking to perform the religious rites not in the land belonging to him but in the land belonging to the Government. Unless the petitioner shows that he has legal right to perform the religious ceremonies and has title to the land, he cannot be permitted to perform the same. Further, the petitioner without approaching the Wakf Board which controls the mosques, has directly approached this Court seeking the aforesaid relief. For the foregoing reasons, there is no merit in the writ petition and the same is accordingly dismissed. This order, however, does not preclude the petitioner from approaching the authorities concerned seeking the relief as is claimed in this writ petition and if any such request is made, it is for the authorities concerned to consider the same. No costs. ______________ N.V.RAMANA, J. Date: 18.07.2008. KSR / VGSR [1] AIR 1981 SC 2198