Telangana High Court

WP/24251/2004 of Mr. Shaik Basheed, Vs The Chief Executive Officer, on 27 December 2004

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO: 24251 of 2004 Between: Mr. Shaik Basheed, S/o. Late Galeeb, R/o. Pedakakani Village

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE L.NARASIMHA REDDY

WRIT PETITION NO: 24251 of 2004

Between:

Mr. Shaik Basheed, S/o. Late Galeeb,

R/o. Pedakakani Village & Mandal, Guntur District.

AND

..... PETITIONER

1. The Chief Executive Officer, Andhra Pradesh State Wakf Board, Haz House, Nampally, Hyderabad.

2. The Chair Person, Andhra Pradesh State Wakf Board, Razzak Masjid, Haz House, Nampally, Hyderabad.

3. Mr. Shaik Ghouse Mohiuddin, S/o. Late Abdul Gaffar Saheb, R/o. Pedakakani Village and Mandal, Guntur District.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased tocall for the records and issue a writ or order or direction more particularly one in thenature of Writ of Mandamus and declare the inaction of the respondent No.2 inconsidering the representation dt.9-12-2004 of the petitioner as illegal, arbitrary and violative of Article 14 of theConstitution of India apart from being violation of the Principles of Natural Justiceand consequently direct the 2nd respondent to consider the representation dt.9-12-2004 of the petitioner.

Counsel for the Petitioner: MR.T.LAKSHMI NARAYANA

Counsel for the Respondents Nos.1 and 2: MR.S.M.SUBHANI, SC for APWAKF BOARD.

Counsel for the Respondent No.3: None appeared HON'BLE MR JUSTICE L.NARASIMHA REDDY

WRIT PETITION NO: 24251 of 2004

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ORDER:

The petitioner states that on the office of Mutawalli for the DargahHazrath Baji Saheeb Aulia at Peddakakani village, Guntur District, becomingvacant, the third respondent was appointed as Mutawalli by the firstrespondent. It is stated that the appointment was set aside by the WakfTribunal, and that the order of the Tribunal was upheld by the Supreme Court,leaving it open to the first respondent to appoint the third respondent bysatisfying the term. The third respondent is said to have been appointed asMutawalli for a term of two years and even that term had expired. According tothe petitioner, the first respondent is taking steps to appoint a Mutawalli forDargah and though he made a representation dated 09.12.2004, it is not beingtaken into account. He seeks appropriate directions in this respect.

2. Heard the learned counsel for the petitioner and the learned StandingCounsel for respondents 1 and 2.

3. The first respondent is vested with the power to appoint the Mutawallis for the various Wakfs as well as the power to extend the term of office. Thethird respondent has already been appointed as a Mutawalli for the Dargahreferred to above. On the expiry of the term, steps are being taken, to makefresh appointment. The petitioner claims to have submitted a representationdated 09.12.2004. The apprehension of the petitioner, that his representationwould not be taken into account, does not appear to be well founded. Even inthe absence of the representation, the first respondent has to take into account,the claims of various eligible individuals, keeping the interest of the Wakf, inview.

4. Hence, the Writ Petition is disposed of directing the respondents 1 and2 to take into account the representation of the petitioner dated 09.12.2004,before making appointment to the office of the Mutawalli, for the Dargahreferred to above. The petitioner shall enclose the copy of the representationalong with the copy of this order.

27[th] December, 2004

SKMTo

-----------------------------------

L.NARASIMHA REDDY, J

1. The Chief Executive Officer, Andhra Pradesh State Wakf Board, Haz House, Nampally, Hyderabad. Haz House, Nampally, Hyderabad.

2. The Chair Person, Andhra Pradesh State Wakf Board, Razzak Masjid, Haz House, Nampally, Hyderabad. Razzak Masjid, Haz House, Nampally, Hyderabad.

3. 2 C.D. copies.

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