S G N Hafeez Pasha vs S G N Fayaz Ahmed
2023 Latest Caselaw 4896 AP

    IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
                                  &
          HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO

                      WRIT APPEAL No.983 of 2023

S. G. N. Hafeez Pasha,
S/o. S. G. N. Gouse Mohiuddin,
Aged about 47 years,
Hereditary Sajjadanashin - cum - Mutawalli,
Dargah Syed Shah Haji Khwaja Rahmatullah
Saheb @ Nayab - e - Rasool and Mosque,
A.S.Peta, SPSR Nellore District.
                                                        ... Appellant

                               Versus

S. G. N. Fayaz Ahmed,
S/o. Yousuf Miya @ Nawabjah,
R/o. Mahal Street, A. S. Peta,
S.P.S.R. Nellore District and three others.

                                                      ...Respondents

Counsel for the appellant : M/s. Bharadwaj Associates

Counsel for respondent No.1 : Sri D. S. Sivadarshan

Counsel for respondent No.2 : Government Pleader for Minorities Welfare

Counsel for respondent : Sri S. Arifullah, Nos.3 & 4 learned Standing Counsel for Andhra Pradesh State Waqf Board HCJ & RRR, J W.A. No.983 of 2023

Dt.:11.10.2023

P.C.:

The present Letters Patent Appeal has been preferred against

an interim order, dated 21.09.2023, in W.P. No.24791 of 2023.

2. On a perusal of the order impugned, it can be seen that it is an

innocuous order directing respondent No.2 therein to simply

consider and dispose of the representations filed by the petitioner

in W.P. No.24791 of 2023.

3. It appears that pursuant to the aforementioned orders, some

order has been passed by the Chief Executive Officer of the A.P.

State Waqf Board, Vijayawada, which allows the petitioner - S. G. N.

Fayaz Ahmad to perform the religious ceremonies and duties

including lifting the sandal pots during the Urs ceremony on

11.10.2023 and 13.10.2023. Further, it is held that the petitioner

will be inoperative after the specified dates and that he cannot

claim any rights of the Towliath and related matters.

4. In our opinion, the appellant would be well advised to avail an

appropriate remedy of challenging such an order in appropriate

proceedings. Insofar as the present Letters Patent Appeal is

concerned, we are of the opinion that the same is not maintainable,

as the order impugned challenged in the Letters Patent Appeal does HCJ & RRR, J W.A. No.983 of 2023

not qualify to be a judgment, as none of the issues have been

decided by the writ Court finally.

5. Accordingly, this Writ Appeal is disposed of. No order as to

costs.

Pending miscellaneous applications, if any, shall stand closed.

DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO, J AMD HCJ & RRR, J W.A. No.983 of 2023

HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO

WRIT APPEAL No.983 of 2023

Dt:11.10.2023

AMD