IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO: 9789 of 2007 Between: Masjid-e-Noor Welfare Society Regd No. SOC 709/2007 rep by its President Mohammed yousuf S/o Mohammed Hussain R/o H. No. 5-95, Aushapur Taluk Ghatkesar, Ranga Reddy District. ..... PETITIONER AND 1 The Secretary, Public Works Department, Roads Buildings & National Highway, Secretariat, Hyderbad. 2 The Executive Engineer, NH-1, Public works Department, Masab Tank, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of WRit of Mandamus by declaring the action of the respondents make dismantle the Wakf property i.e. Dargah, Mosque Noor graveyard, arch, religious places and boundary wall, water tank place of Azan etc., situated at Aushapur, Taluk Ghatkesar, Ranga Reddy District is illegal, arbitrary and in violation of the under Article 14 to 21 of Constitution of India and Wakf Act 1995 and consequently and consequently restrain the respondent to make dismantle the wakf property and grant other relief as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.M.T.GHORI Counsel for the Respondent No.: GP FOR ROADS & BUILDINGS The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in seeking to dismantle the wakf property, i.e., Dargah, Mosque Noor, Graveyard, Arch, religious places and boundary wall etc., situated at Aushapur, Ghatkesar Taluk, Ranga Reddy district as arbitrary and illegal. Heard Sri M.T.Ghori, learned counsel for the petitioner and the learned Assistant Government Pleader for Transport and Roads and Buildings for respondents. On 1.5.2007 this Court passed the following order: “ Notice before admission returnable in two weeks. Pending further orders, the respondents shall follow the procedure prescribed by law, before any property belonging to the petitioner is taken over and in the process, they shall not disturb any grave.” Since, the grievance of the petitioner is that respondents are seeking to dismantle the wakf properties without following due process of law, the interim order granted by this Court is enough to redress their grievance. No counter affidavit has been filed. The writ petition is therefore disposed of re-affirming the order passed on 1.5.2007. As a sequel to disposal of the writ petition, W.P.M.P.No.12413 of 2007 filed by the petitioners seeking interim relief is dismissed as infructuous. ___________________________ C.V.NAGARJUNA REDDY,J Date:19.02.2008 mdaa To 1.2CCs to 2.2CD copies