Andhra Pradesh High Court - Amravati
Shaik Jilani vs The State Of Andhra Pradesh on 12 August, 2021
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.16666 OF 2021
ORDER:-
This Writ Petition is filed seeking direction to respondent police
officials to accord permission to the petitioners for performing Holy
Muharram Peerla festival at the premises of Run Hussan Panja,
Panja Centre, Vijayawada, from 10.08.2021 to 22.08.2021 by duly
following COVID-19 protocol.
Heard learned counsel for the petitioners and learned
Government Pleader for Home appearing for respondents 1 to 6 and
Sri B.Nageswara Rao, learned counsel for the caveat petitioners.
As per the case pleaded by the petitioners, it is their version
that their forefathers are Mutavallis of Run-Hussaini Link P.Panja for
the last several decades and they have been performing Holy
Muharram as a custom and the same is being continued till now.
When the police officials refused to accord permission for performing
Holy Muharram, the petitioners have approached this Court and
obtained permission in Writ Petition No.14097 of 2020, dated
26.08.2020. Accordingly, these petitioners have also made
representations to the respondent police officials to accord
permission for performing Holy Muharram this year also by duly
following the COVID-19 guidelines. The respondent authorities
refused to accord permission in view of the rival claims made for
Muthavalliship. The Government also issued G.O.Rt.No.410, dated
30.07.2021, extending the guidelines till 14.08.2021. It is stated that
respondent police officials cannot deny permission for celebration of
Holy Muharram as the petitioners are hereditary Muthavallies.
Therefore, the petitioners prayed to accord permission for performing
Holy Muharram Peerla festival.
Learned Government Pleader for Home would submit that the
issue is squarely covered by the earlier judgment of this Court
rendered in Writ Petition No.14097 of 2020, dated 26.08.2020, and
this Court clearly held that rival claims for Muthavalliship cannot be
decided in a Writ Petition and thereby directed the Assistant
Commissioner of Police, West Division, Vijayawada City, to consider
the representation of the petitioner therein, permitting him to
celebrate the Holy Muharram at the premises of Run Hussan Panja
Centre, Vijayawada, as per the timings given in the said order. So, he
would submit that a similar order may be passed in this Writ Petition
also to control the law and order situation in view of the rival claims
of various parties relating to Muthavalliship. Learned Government
Pleader for Home has produced before this Court the office order
passed by Andhra Pradesh State Wakf Board, dated 10.08.2021,
whereby the Wakf Board deputed responsible persons to perform
Muharram ceremony, 2021. Therefore, learned Government Pleader
for Home would submit that taking these facts into consideration
that appropriate order may be passed in this Writ Petition also in
terms of the earlier orders of this Court.
Sri B.Nageswara Rao, learned counsel appearing for the caveat
petitioners, would submit that the caveat petitioners have already
approached this Court by way of filing Writ Petition No.15899 of
2021 and this Court has passed an order, dated 06.08.2021, in
favour of the caveat petitioners permitting them to celebrate the
Muharram festival. He would further submit that the petitioners
herein have no right of Muthavalli and they are not entitled to any
such permission and that the caveat petitioners are alone entitled to
perform the said ritual. So, he would pray for dismissal of the Writ
Petition.
As rightly submitted by learned Government Pleader for Home,
the issue is squarely covered by earlier order of this Court passed in
Writ Petition No.14097 of 2020, dated 26.08.2020. As per
submissions made by learned counsel for the caveat petitioners, it
appears that there have been rival claims for Muthavalliship between
the petitioners herein and the caveat petitioners. This Court, in the
above Writ Petition No.14097 of 2020, clearly held that the rival
claim of Muthavalliship cannot be decided in the Writ Petition.
Therefore, this Court now cannot decide the said rival claim made by
the petitioners and the caveat petitioners relating to Muthavalliship.
Learned counsel for caveat petitioners has brought to the notice of
this Court that a suit relating to the said rival claim is pending in the
competent Court of law. If that be the case, the parties have to seek
redressal of their grievance relating to the said rival claim pertaining
to Muthavalliship, in the said suit.
This Court in the above Writ Petition has given a direction to
the Assistant Commissioner of Police, West Division, Vijayawada
City, to consider the representation of the petitioner therein and to
permit him to celebrate Holy Muharram at the premises of Run
Hussan Panja, Panja Centre, Vijayawada, without public attendance
and fix the time as stated in the said order for performing the said
ritual.
Therefore, as the petitioners herein are also entitled in the
present facts and circumstances of the case to celebrate Holy
Muharram during the present festival season of 2021, this Court is
of the considered view that a similar direction to the Assistant
Commissioner of Police, West Division, Vijayawada City, in this Writ
Petition would be suffice to meet the ends of justice.
As the caveat petitioners have already obtained the order from
this Court in W.P.No.15899 of 2021, they are also entitled to perform
the said ritual. So, the respondent police officials shall take care of
the law and order situation during celebration of the said Holy
Muharram ceremony by the petitioners herein also and also caveat
petitioners and also any other persons, who are entitled to perform
the said ceremony.
Therefore, in the said facts and circumstances of the case, this
Writ Petition is disposed of with a direction to the Assistant
Commissioner of Police, West Division, Vijayawada City, Andhra
Pradesh, to permit the petitioners herein also to celebrate Holy
Muharram at the premises of Run Hussan Panja, Panja Centre,
Vijayawada, by strictly adhering to the COVID-19 guidelines given by
the Government and by providing necessary police aid to control the
law and order situation at the time of celebrating the said Holy
Muharram. The petitioners shall be permitted to perform the said
Holy Muharram ceremony from 10.00 A.M., to 01.00 P.M., and the
caveat petitioners shall be permitted to perform the said Holy
Muharram ceremony from 02.00 P.M., to 05.00 P.M.
Miscellaneous Petitions, if any pending, in this Writ Petition,
shall stand closed.
_______________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date: 12-08-2021
AKN
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.16666 OF 2021
Date: 12-08-2021
AKN
