IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.19875 of 2008 Between: Dr.Syed Tajuddin S/o Late Khadar Mohiuddin Quadri 2-4-696/1 Kachiguda Hyderabad ..... PETITIONER AND 1 A.P State Wakf Board Rep.by its Chief Executive Officer Haj House Complex Opp Public Gardens Nampally, Hyderabad 2 Sri Syed Badaruddin Qadri S/o Late Khader Mohiuddin Quadri H.No.165 Ravi Colony RTC Colony Trimulgheery Secunderabad- 500083 3 State of A.P rep.by its Principal Secretary Miniority Welfare(Wakf) Department Seccretariat Buildings Hyderabad 4 Sri Shaik Mader Saheb, S/ Late S.G Mohiuddin Haj House Complex, Nampally,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 writ, order or direction more particularly one in the nature of Mandamus declaring the proceedings of the 1st respondent bearing No.F No.61/B2/M/HYD/2004Z-1, dt 3-6-2008 appointing 2nd respondent as Mutawalli of Wakf Institution namely Anjuman-e Khadimul Muslimeen as being illegal arbitrary capricious malafide Violative of Principles of natural justice contrary to Sec 32,37(C) 42&63 of Wakf act 1995 and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:SRI SYED SHAREEF AHMED Counsel for the Respondents: GP FOR SOCIAL WELFARE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.19875 of 2008 ORDER: Anjuman-e-Khadimul Muslimeen situated at Kachiguda, Hyderabad, is a registered wakf. By impugned proceedings F.No.61/B2/M/Hyd/2004/Z-1, dated 03.06.2008, Andhra Pradesh State Wakf Board (Wakf Board) appointed the second respondent as Secretary/Mutawalli of the said Institution based on the resolution of the Managing Committee of the Institution unanimously electing the second respondent as Mutawalli. The petitioner, who is none other than the elder brother of the second respondent assails the appointment of Mutawalli as being contrary to the provisions of Section 63 of the Wakf Act, 1995 (the Act, for brevity). It is alleged that towliath is hereditary, and after death of their father, late Khader Mohiuddin Quadri, petitioner and second respondent are equally entitled for towliath and to act as Mutawalli of the Institution. The writ petition is opposed by the learned Standing Counsel for first respondent as well as the learned Counsel for second respondent placing reliance on Section 83(2) of the Act. As per the said provision, any person aggrieved by an order made under the Act or rules made thereunder, may make an application to the Andhra Pradesh State Wakf Tribunal. There is force in the submission of the learned Counsel for the respondents. Indeed, in M.Bikshapathi v. Government of Andhra Pradesh[1] and Allauddin Charities and Zakath Wakf v. Hameed Ali[2] the Division Benches of this Court have laid down that in view of Section 83(2) of the Act, a challenge to appointment of Mutawalli has to be made before the learned Tribunal and a writ petition is barred. Therefore, liberty is given to the petitioner to approach the Andhra Pradesh State Wakf Tribunal and file an application within a period of two weeks from today. As and when the same is filed, learned Tribunal is requested to dispose of the application within a period of eight weeks thereafter. The Writ Petition is disposed of accordingly. No costs. ____________ (V.V.S.RAO, J) 02.12.2008 Note: Issue C.C today. B/o. vs To 1 The Chief Executive Officer, A.P State Wakf Board , Haj House Complex Opp Public Gardens Nampally, Hyderabad 2 The Principal Secretary, State of A.P, Miniority Welfare(Wakf) Department Seccretariat Buildings Hyderabad 3 2CCs to G.P for Social Welfare, High Court of A.P., Hyderabad. 4 2CD copies Form-NIC-OGS/WP{BMR} [1] 1999 (6) ALD 270 (DB) [2] 2002 (1) ALD 67 (DB)