Citation : 2022 Latest Caselaw 5047 AP
Judgement Date : 5 August, 2022
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION Nos.21670 &24071 OF 2022
ADVANCE COMMON ORDER:
In the result, both the writ petitions are disposed of finally
with the direction to the respondents 4 and 5 (The Assistant
Commissioner of Police, West Division, Vijayawada, Krishna
District and Municipal Commissioner, Vijayawada, Krishna
District) to permit the petitioners of both the writ petitions to
celebrate Holy Muharram at the premises of Run Hussan Panja,
Panja Centre, Vijayawada by providing necessary police aid to
maintain the Law and Order situation at the time of celebrating the
Holy Muharram on the scheduled date. The petitioner of
W.P.Nos.24071 of 2022 Shaik Jeelani @ Saida shall be permitted
to perform the Holy Muharram Ceremony from 10.00 a.m to 1.00
p.m and the writ petitioners of W.P.No.21670 of 2022 Sk. Suleman
and two others shall be permitted to perform the Holy Muharram
from 2.00 p.m to 5.00 p.m on the scheduled date. The petitioners
shall observe the guidelines/advisories as may be prevalent on
COVID-2019, and shall also ensure that the Holy Ceremony is
performed peacefully without disturbing Law and Order situation.
The 5th respondent shall ensure that while performing Holy
Muharram by one set of petitioners, the rival claimants i.e the
other set of petitioner are not permitted to enter into the said
place. The respondents 4 and 5 may also fix the number of
persons to be allowed to enter at the scheduled times.
The respondents 4 and 5 (The Assistant Commissioner of
Police, West Division, Vijayawada, Krishna District and Municipal
Commissioner, Vijayawada, Krishna District) respectively shall
issue necessary orders pursuant to the above directions. All the
previous orders of the respondents 4 and 5 either granting
permission to the petitioners in W.P.No.21670 of 2022, or refusing
the permission to the petitioner in W.P.No.24071 of 2022 or
rejecting the representation of the petitioner in W.P.No.24071 of
2022 by the order of the Chief Executive Officer of the A.P. State
Waqf Board, the Commissioner, Municipal Corporation,
Vijayawada or the Commissioner of Police, Vijayawada shall not
be given effect to.
The learned Government Pleader for Home and the learned
counsel appearing for the respondents 4 and 5 shall communicate
this order to the respondents 4 and 5 for compliance.
The detailed judgment will follow.........
________________________ RAVI NATH TILHARI,J
Date: 05.08.2022 Note:
Issue CC by tomorrow.
Please send the file back to Court Masters Section after issuing the certified copy of the advance order.
B/o.
Dsr/Gk
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION Nos.21670 &24071 OF 2022
ADVANCE COMMON ORDER:
Date:05.08.2022 Dsr/Gk
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