IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO.1338 OF 2009 Dt.18.11.2009 Between: Y. Jaya and others … Appellants And The Chief Executive Officer A.P. State Wakf Board, Haj House Nampally, Hyderabad and another … Respondents Counsel for the Appellants: Sri Wasim Ahmed Khan Counsel for Respondent No.1: Sri K. Ravinder Reddy, for Sri M.A. Mukheed THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL NO.1338 OF 2009 JUDGMENT:(per the Hon’ble the Chief Justice Sri Anil R. Dave) The appellants – original petitioners had challenged the validity of the order dt.04.6.2008 whereby respondent No.2 had been appointed as Muthavalli. The petition has been rejected for the reason that there was no justifiable reason for setting aside the said order. The only ground, which was raised before the learned Single Judge, was that respondent No.2, after being appointed as Muthavalli might interfere with the appellants’ possession of the land in question though the appellants – original petitioners believe that the land in question belong to them. If the land in question really belongs to the appellants, we are sure that respondent No.2, upon becoming Muthavalli, in pursuance of order dt.04.6.2008, would not be in a position to take action against the appellants. But, in fact, if the land belongs to Wakf, respondent No.2 is duty bound to protect the property in question. In our opinion, the learned Single Judge is absolutely right in rejecting the petition, because the appellants – original petitioners had challenged the validity of an order whereby respondent No.2 had been appointed as Muthavalli. We also do not find any substance in the appeal. The appeal is therefore dismissed with no order as to costs. As a sequel to dismissal of the Writ Appeal, W.A.M.P. No.2814 of 2009, filed by the appellants – petitioners for interim relief, is dismissed as infructuous. ______________ ANIL R. DAVE, CJ ________________________ 18.11.2009 C.V. NAGARJUNA REDDY, J bnr