THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.27736 OF 2009 ORDER: The petitioner who belongs to Shia Community approached this court and filed the present Writ Petition with the following prayer: “For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction declaring the action of the respondent No.4 in not permitting the petitioner to perform the religious functions i.e. conduct of majalis, Fatheha, Azadari and other religious functions at Shia Wakf Institution Dargah (Ashoorkhana) at Premises No.22-3-115, Matha Ki Kidiki, Outside Dabeerpura, Hyderabad as arbitrary, illegal, null and void and violative of the principles of natural justice and also violative of Articles 14, 19, 21, 25 and 26 of the Constitution of India, consequently direct the respondents No.1 to 4 not to interfere in performing the religious functions and further direct the respondents 1 to 4 to provide necessary protection in performing the religious functions by the petitioner at Shia Wakf institution Dargah (Ahoorkhana) at premises No.22-3-115, Matha Ki Kidiki, Outside Dabeerpura, Hyderabad and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.” Heard. The fifth respondent by his letter dated 04.03.2009 addressed to the fourth respondent i.e. S.H.O. Mirchowk P.S. Hyderabad clearly stated that the petitioner who is the Mutawali of Masjid Asna – e – Ashari can perform religious activities as per the practice but he should not create nuisance and should not make any construction without No Objection Certificate of Wakf Board in the adjacent grave yard. In the light of the said letter addressed by the fifth respondent, in my considered view, the said obstruction caused by the fourth respondent is unwarranted. Accordingly, this Writ Petition is disposed of with a direction to the fourth respondent to permit the petitioner and others to perform their religious activities as per practice. No costs. ------------------------- 03.02.2010 kvsn