IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 21445 of 2005 Between: Khaja Pasha S/o. Mohd. Dilwar R/o.H.No.2-3-6-941, Lal Bagh Amberpet Hyderabad. ..... PETITIONER AND 1 The Commissioner of Police Hyderabad A.P 2 The Inspector of Police Police Station Amberpet Hyderabad- A.P. .....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 writ of Mandamus or any other appropriate writ, order or direction declaring the action of the respondents in preventing and threatening in the matter of fixing the gate and in reising the existing compound wall with the Zinc sheets to the mosque Bahadur Shareef Madani in premises.No.2-3-764/5 situated at Zinda Tilasmath Road Golnaka Amberpet, Hyderabad, A.P illegal, arbitrary and without jurisdiction and consequently in the work of fixing gate and raising compund wall with Zinc sheets in the said mosque in the interest of justice and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.MOHD. GHULAM HUSSAIN Counsel for the Respondent No.: GP FOR HOME The Court made the following : Order: This Writ Petition is filed to issue a writ of Mandamus to declare the action of the respondents in preventing and threatening the petitioner in the matter of fixing the gate and raising the existing compound wall with zinc sheets to the mosque Bahadur Shareef Madani in premises No.2-3-764/5 situated at Zinda Tilasmath Road, Golnaka, Amberpet, Hyderabad, A.P., as illegal and arbitrary. It is the case of the petitioner that he has rendered service as Moazzan of mosque known as Masjid Bahadur Shareef Madani in premises bearing No.2-3-764/5 situated at Zinda Tilasmath Road, Golnaka, Hyderabad, and that the said mosque is under the management of a Managing Committee constituted by the local people, and that the same was also registered under the A.P. Societies Registration Act, 2001. It is stated that one Smt.Nafees Farzana Shahnaz was the owner and possessor of an open plot admeasuring 300 square yards, having purchased the same vide registered sale deed dated 24- 08-1979, and that she has orally donated the said property to the mosque. It is further stated that the petitioner and the local people erected a shed thereon for prayers by the muslims, and that when they started to raise the height of the existing compound wall and fix a gate to the same, the Police Officials of Amberpet Police Station stopped the same. Therefore, the petitioner made a representation to the A.P.State Wakf Board, to address a letter to the Station House officer, Amberpet Police Station, not to interfere with carrying on such construction work of the mosque in question. Accordingly, the authorities of the A.P.State Wakf Board addressed a letter to the Police authorities concerned. The grievance of the petitioner is that in spite of his repeated requests and letter being addressed by the Wakf authorities, the Police authorities concerned did not stop interfering and prevented the petitioner from constructing compound wall to the mosque in question and fixing gate to it. Admittedly, there is no evidence available on record to show that the mosque in question was registered as Wakf Property. It appears that only the Managing Committee of the said mosque was registered under the Societies Registration Act. In the affidavit, it is stated that earlier, the petitioner filed W.P.No.5434 of 2005 on the file of this Court seeking a direction to the Station House Officer, Amberpet Police Station, not to interfere with the construction work of the mosque in question and the said writ petition was disposed of at the stage of admission, making it clear that if the respondent therein receives any complaint from any quarter regarding the construction of the mosque, the same has to be investigated into and proceeded with in accordance with law. It is further stated that subsequently also, the petitioner filed another Writ Petition being W.P.No.7804 of 2005, wherein this Court granted interim injunction on 29th April, 2005, directing the respondents therein viz., Joint Collector, Hyderabad, Mandal Revenue Officer, Amberpet and Chief Executive Officer, A.P.Wakf Board, Nampally, not to interfere with the possession and enjoyment of the petitioner over the mosque in question until further orders. However, it was left open for them to decide the nature and title of the property in accordance with law. Now, this Writ Petition has been filed to declare the action of the Commissioner of Police, Hyderabad and Inspector of Police, Amberpet, in preventing and threatening the petitioner in the matter of fixing the gate and raising the existing compound wall with zinc sheets to the said mosque as illegal and arbitrary. Whether the land belongs to a mosque, temple, church or an individual, any construction thereon has to be made after obtaining necessary permission from the municipal authority concerned. Mosque will not have any special privilege for getting exemption to undertake construction work of any nature, whatsoever, without prior permission from the authorities concerned. However, petitioner has approached this Court without availing the remedy of making representation before the authorities concerned. In view of the facts and circumstances of the case, I am of the opinion that the petitioner is not entitled to the relief as prayed for. The Writ Petition is misconceived and it is, accordingly, dismissed. However, it is always open for the petitioner to get appropriate plan approved by making representation before the authorities concerned. No costs. ______________ (V.Eswaraiah, J) 11th March, 2008 lur ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner of Police Hyderabad A.P 2 The Inspector of Police Police Station Amberpet Hyderabad- A.P. 3 2CCs to 4 2CD copies Form-NIC-OGS/WP{CHP}