On careful examination of the guidelines/ instructions issued in G.O.Rt.No.100, dated 16.07.2021, in the considered opinion of this Court, the guidelines/instructions are issued in the interest of public in general and devotees/Musallies of Muslim community in particular in view of the COVID-19 pandemic which caused loss to the lives of the people of the country never seen before. Lives of the people is important than the religious beliefs. Therefore, in the considered opinion of this Court, the G.O.Rt.No.100, dated 16.07.2021 is issued in the interest of public at large in view of the COVID-19 pandemic and as such, it is not violative of Article: 25 and 26 of the Constitution of India.

On careful examination of the guidelines/ instructions issued in G.O.Rt.No.100, dated 16.07.2021, in the considered opinion of this Court, the guidelines/instructions are issued in the interest of public in general and devotees/Musallies of Muslim community in particular in view of the COVID-19 pandemic which caused loss to the lives of the people of the country never seen before. Lives of the people is important than the religious beliefs. Therefore, in the considered opinion of this Court, the G.O.Rt.No.100, dated 16.07.2021 is issued in the interest of public at large in view of the COVID-19 pandemic and as such, it is not violative of Article: 25 and 26 of the Constitution of India.

AP HIGH COURT

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HON’BLE SRI JUSTICE BATTU DEVANAND

WRIT PETITION No.14231 OF 2021

ORDER:

This writ petition has been filed by the petitioner

seeking to issue a writ or direction more particularly in

the nature of a Writ of Mandamus under Article 226 of

the Constitution of India declaring the action of the

respondents in issuing G.O.Rt.No.100, dated

16.07.2021 imposing restrictions on Eid-ul-Adha

(Bakrid) prayers at Eidgahs and directing to offer

prayers in Masjids only is illegal and arbitrary, customs

and beliefs of Islam and violation of Art.25 & 26 of

Constitution of India and consequently permit the

people of Muslim community belonging to Nellore to

offer prayers Eid-ul-Adha (Bakrid) in Bara Shahid

Eidgah and other Eidgahs situated at Nellore on

20.07.2021 or 21.07.2021 (depending on moon sight)

by suspending the G.O.Rt.No.100, dated 16.07.2021

and pass such other order or orders may deem fit and

proper in the circumstances of the case.

2) Heard Sri C. Subodh, learned counsel for the

petitioner and the learned Government Pleader for 

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Social Welfare appearing for the respondents and

perused the material available on record.

3) The petitioner is the resident of Nellore and

belongs to Muslim community and has strong belief in

Islam Religion and faith. Eid-ul-Adha (also called as

Festival of Sacrifice or Bakrid) is one of the two

important festivals celebrated within Islam (the other

being Eid-Al-Fitr).

4) Learned counsel for the petitioner submits that the

devotees on Eid-Al-Adha perform prayers at Eidgah.

The Eidgah is defined as Open Air enclosure usually

outside the city (or at outskirts) reserved for Eid

Prayers offered in the morning of Eid-Al-Fitr and Eid-AlAdha. It is usually a public place i.e., not used for

prayers at other times of the year. On the day of Eid,

the first thing Muslims do in the morning is gather

usually at a large open ground and offer special prayers

in accordance with Sunnah (Tradition of Mohammed).

5) Learned counsel for the petitioner further submits

that the Eid Al-(Adha) prayer is performed any time

after sun completely rises up to just before entering of 

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Zuhr Time on the 10th of Dhu al-Hijjah. The Eid

prayers must be offered in congregation. The

performing The Eid Al-(Adha) prayers at Eidgah without

any valid excuse, not offering Eid Prayers in the Eidgah

is contrary to Sunnah (Tradition of Mohammed).

6) The 2nd respondent informed the 1st respondent

vide letter No.E1/20/2019-AP, dated 12.07.2021 that

the Government of Andhra Pradesh on 03.05.2021 as

imposed curfew with effect from 05.05.2021 and

subsequently extended time and dates from time to

time to take all precautionary measures D-linking the

spread of COVID pandemic. It is further stated that

this year Eid Ul Azha (Bakrid) is scheduled to be held

on 21.07.2021 (subject to moon sight) and requested

for issuance of necessary instructions to District

Collectors, Commissioners, Superintendents of Police in

respect of performance of Eid Prayers during Eid-UlAzha and for Qurbani. Considering the same, the 1st

respondent issued G.O.Rt.No.100, dated 16.07.2021

issued guidelines to be followed during Eid-Ul-Adha

(Bakrid) festival on 21.07.2021.

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7) The main grievance of the petitioner is that apart

from the other guidelines issued, prohibiting Eid-UlAdha (Bakrid) prayers Eidgahs and directing to offer

prayers in Masjids only as illegal, arbitrary, customs

and beliefs of Islamic and violation of Article 25 and 26

of the Constitution of India.

8) On the other hand, learned Government Pleader

appearing for the respondents submits that

G.O.Rt.No.100, dated 16.07.2021 is issued in the

interest of public in view of COVID-19 pandemic and

sought for dismissal of the writ petition, as interference

of this Court is not warranted.

9) Having heard the submissions of the learned

counsel and upon perusal of material available on

record, it appears that the Government of Andhra

Pradesh on 03.05.2021 has imposed curfew with effect

from 05.05.2021 and subsequently extended time and

dates from time to time to take all precautionary

measures in delinking the spread of COVID pandemic.

The 2nd respondent vide letter, dated 12.07.2021

brought to the notice of the 1st respondent that

Government have issued necessary precautionary 

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guidelines to be followed especially during the Eid-UlAzha (Bakrid) Eid prayers for the previous year in view

of the pandemic COVID-19. The 2nd respondent

requested the 1st respondent for issuance of necessary

instructions to the District Collectors and

Commissioners/Superintendents of Police in respect of

performance of Eid prayers during Eid-Ul-Azha and for

Qurbani is scheduled to be held on 21.07.2021 (subject

to moon sight).

10) Considering these facts, the 1st respondent issued

certain guidelines/instructions to be followed in

ensuring Eid-Ul-Azha (Bakrid Festival on 20.07.2021 or

21.07.2021 depending on the moon sight.

11) On careful examination of the guidelines/

instructions issued in G.O.Rt.No.100, dated

16.07.2021, in the considered opinion of this Court, the

guidelines/instructions are issued in the interest of

public in general and devotees/Musallies of Muslim

community in particular in view of the COVID-19

pandemic which caused loss to the lives of the people

of the country never seen before. Lives of the people is

important than the religious beliefs. 

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12) Therefore, in the considered opinion of this Court,

the G.O.Rt.No.100, dated 16.07.2021 is issued in the

interest of public at large in view of the COVID-19

pandemic and as such, it is not violative of Article: 25

and 26 of the Constitution of India.

13) Accordingly, this Writ Petition is dismissed. There

shall be no order as to costs.

As a sequel, miscellaneous petitions pending, if

any, shall stand closed.

______________________________

JUSTICE BATTU DEVANAND

Date: 20.07.2021

PGR

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HON’BLE SRI JUSTICE BATTU DEVANAND

WRIT PETITION No.14231 OF 2021

Dt: 20.07.2021

PGR