Telangana High Court
WP/24585/2004 of Hazrat Nirgun Shah Awilia Darga, Vs The Chief Executive Officer, on 29 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No: 24585 of 2004 Between: Hazrat Nirgun Shah Awilia Darga, Pattanpet, Guduru
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE L.NARASIMHA REDDY
WRIT PETITION No: 24585 of 2004
Between:
Hazrat Nirgun Shah Awilia Darga, Pattanpet, Guduru Village, Krishna District, Rep. by its President, Md. Khasim, S/o. Abdul Subhan.
..... PETITIONER
AND
The Chief Executive Officer, Andhra Pradesh Wakf Board, Nampally,Hyderabad.
.....RESPONDENT
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a writ order or direction more particularly one in the nature of a Writ ofMandamus declaring the inaction of the respondent in failure to pass any orders onthe representation dated 17-5-2004 and subsequent representations dated 17-11-2004 and 23-12-2004 as arbitrary, illegal and violtive of Articles 14,19,21 and 300-Aof Constitution of India and against the principles of natural justice and all canons oflaw and justice and consequently direct the respondent herein to pass appropriateorders forthwith on the representation dated 17-5-2004 submitted by the petitionerherein.
Counsel for the Petitioner: MR.SIVALENKA RAMACHANDRA PRASAD
Counsel for the Respondent: MR.A.M.QURESHI
The Court at the admission stage made the following:
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ORDER:
The petitioner claims to be the Managing Committee of Hazrat Nirugum Shah AwiliaDarga, Gudur Village, Krishna District. It is stated that when the term of the existingCommittee was going to be expired on 18.06.2004, it made representation on17.05.2004 and subsequently on 17.11.2004 and 23.12.2004 for extension of theterm. It is alleged that no action has been taken thereon.
Heard learned counsel for the petitioner and learned Standing Counsel for the WakfBoard.
The respondent appointed a Committee for managing the affairs of the Wakf referredto above. It is always in its discretion whether to continue the existing ManagingCommittee or to appoint a new Committee in its place. There does not exist anyjustification for not taking any steps. On account of uncertainty in the matter, theadministration of the Darga may suffer.
Hence, the writ petition is disposed of, directing the respondent to pass appropriateorders on the representations made by the petitioner, within a period of six weeksfrom the date of receipt of this order. There shall be no order as to costs.
Note: Issue C.C. by tomorrow.
(B/o)
Jsu
29.12.2004
___________
To
1. The Chief Executive Officer, Andhra Pradesh Wakf Board, Nampally,Hyderabad.
2. 2CD copies