THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL (SR) NO : 136463 of 2009 Date: 27.11.2009 Between: Eidgahh Committee, Barkas. ..... Appellant and The Principal Secretary, Municipal Administration and Urban Devt. Dept. and others. .... Respondents THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL (SR) NO :136463 of 2009 ORAL JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) This writ appeal is directed against the order of the learned single Judge in Writ Petition No. 24243 of 2009, dated 25.11.2009. The appellant is an Eidgah Committee. It filed the aforementioned writ petition before the learned single judge seeking a Writ of Mandamus to direct the respondents to grant permission to the appellant-Committee to conduct prayers of Bakri-id, i.e., Id-ul-Zuha on 28.11.2009 from 7.30 a.m. onwards at Mysaram Football playground, Barkas. On 25.11.2009, a learned single judge of this Court had disposed of the said writ petition. Challenging the same, the appellant filed the present appeal. Though the writ petition was disposed on of on 25.11.2009, learned counsel of the appellant failed to file a copy of the said order before us. On the other hand, he filed WAMP No. 2884 of 2003 seeking to dispense with the non-filing of the copy of the order of the learned single judge. In the circumstances, we are unable to know as to on what grounds the learned single judge had disposed of the said writ petition. Learned counsel for the appellant submits that on several occasions, the appellant-committee has conducted such prayers by obtaining necessary permission from the authorities. In fact, on an earlier occasion, the appellant filed Writ Petition No. 19524 of 2009 seeking permission to conduct final prayers of Ramzan at the same venue and the said writ petition was disposed of by a learned single judge of this Court with a direction to the appellant to approach the authorities of Greater Hyderabad Municipal Corporation (G.H.M.C.) for obtaining necessary permission from the G.H.M.C. and after obtaining such permission, they conducted such prayers at the place in question and no untoward incident has taken place. However, for the reasons best known to the authorities, the authorities are now refusing to accord permission to the appellant to conduct prayers at the place in question. He further contended that since permission was accorded to the appellant on numerous occasions for conducting prayers on the eve of Ramzan and Bakrid, permission ought to have been granted to it for conducting prayers. He, therefore, prayed that appropriate directions be issued to the appellant to conduct prayers on the eve of Bakrid. Admittedly, a copy of the order of the leaned single judge was not filed before us. However, it is seen from the communication of the Assistant Commissioner of Police, Falaknuma Division, South Zone, Hyderabad addressed to the learned Government Pleader for Home, dated 24.11.2009, appended at page 14 of the material papers filed along with the writ appeal that on 24.11.2009, the Assistant Commissioner of Police, Falaknuma Division, South Zone, Hyderabad has called the leaders of the two groups belonging to Ahle Hadees group and Sunnatul group and held discussions with them with regard to conducting of prayers. There are idelogical differences between both the groups and they are very stubborn. It is stated that if permission is granted for conducting of prayers, there is every possibility of both the groups clashing with each other during Bakrid prayers and there is every likelihood of disruption of peace and tranquility in Barkas area. He, therefore, pleaded that permission may not be accorded to the appellant-committee for offering of prayers on Bakrid. In view of the aforesaid communication of the Assistant Commissioner of Police dated 24.11.2009, we are unable to accept the request of the appellant and accordingly decline to grant the permission as sought for. The writ appeal is accordingly dismissed. No costs. ___________________ T.MEENA KUMARI,J Date: 27th November, 2009 _________________ SANJAY KUMAR,J pnb