IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 7656 of 2009 Between: Gollapalli Shaik Mohammed Yousuf S/o.Mahaboob Saheb Veligallu Jamia Maszid Nirmana & Parirakshna Committee Galiveedu mandal, Kadapa District ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep.by its District Collector, Kadapa, Kadapa District 2 The Registrar of Societies, kadapa,Kadapa District 3 The Executive Engineer, PR Division,Kadapa Kadapa District 4 Nallamada Shaik Subhan S/o.Imam Saheb R/o.D.No.2/47, Veligallu, Galiveddu Mandal Kadapa District 5 Kothapalle Amanulla S/o.Kasim Peera Veligallu Jamia Maszid,Nirmana & Parirakshna Committee Galiveedu Mandal, Kadapa District .....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 appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the impugned resolution dated 12.11.2008 presented the same on 18.12.2008 before the 2nd respondent whereby appointing the 4th respondent as president as wholly arbitrary, illegal, unjust, violative of principles of natural justice malafide and violative of Article 16 of the Constitution of India and accordingly set aside the same and further the 3rd respondent be directed not to disburse the amount relating to the veligallu Jamia Maszid Nirmana & Parirakshna Committee, sanctioned by the Government for the construction of Mosque Building at Veligallu Rehabilitation Centre, to the 4th & 5th respondents and to pass Counsel for the Petitioner: MR.S.V.MUNI REDDY Counsel for Respondents: GP For Panchayat Raj & Rural Dev. The Court made the following : ORAL ORDER: Heard learned counsel for the petitioner and learned Government Pleader for Panchayat Raj, and at their request the main writ petition itself is taken up for disposal. This writ petition is filed by the petitioner questioning the resolution dated 12.11.2008, which was presented on 18.12.2008 before the second respondent, appointing the fourth respondent as president, as arbitrary and illegal. It is stated that for formation of Veligallu project the Government acquired three thousand acres of land. Under the said project, the Mosque also lost its land and buildings, therefore, the Government provided half acre of land in Sy.No.387 of Veligalu Rehabilitation Centre of Galiveedu Mandal, for construction of Mosque building at Veligallu Rehabilitation Centre, and a committee was formed under the name and style of Veligalu Jamia Maszid Nuirmana & Parirakshana Committee and the same was registered under the A.P. Societies Registration Act, 2001 (for short ‘the Act’) on 1.05.2008. The petitioner was elected as president of the said Committee for a period of one year, i.e., up to 1.05.2009. For construction of Mosque, the estimation was made for a sum of Rs.28 lakhs and proposals were sent to the District Collector, Kadapa, the first respondent herein, who sanctioned the same and sent the same to third respondent, who in turn sent the same to the Superintendent Engineer, Kadapa for technical sanction, and accordingly the amount was sanctioned. The third respondent entered into an agreement with the petitioner on 10.05.2008 with an estimated cost of Rs.28 lakhs for construction of mosque. Accordingly, the petitioner borrowed amounts, and completed the work to an extent of Rs.20 lakhs up to 10.10.2008. While so, the third respondent attributing mala fide utilization of funds by the petitioner issued proceedings on 12.11.2008 appointing the fourth respondent as President and presented the same before the second respondent on 18.12.2008. The main grievance of the petitioner is that though his term is up to 1.05.2009, ignoring the same, the third respondent passed the proceedings. Hence the writ petition. This Court while issuing notice before admission on 07.04.2009, stayed disbursement of further amounts sanctioned by the Government for construction of Jamia Masjid at Veligallu village, Galiveedu Mandal, Kadapa District, leaving it open to the petitioner to avail the remedy of filing O.P. under the provisions of the Act, before the appropriate forum. At the hearing, the learned counsel for the petitioner submitted that the petitioner wants to wants to avail the remedy of filing O.P. under the provisions of the Act. Under the circumstances, the writ petition is disposed of granting liberty to the petitioner to pursue his remedies under the Act before the appropriate forum. ________________ (N.V.RAMANA, J.) 22nd June, 2007 Js.