IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION NO : 26667 of 2008 Between: Md. Shareef @ Hyder Shareef S/o. Yakub Shareef R/o. H.No.12-51/1, Balaji Talkies Road, Gajwel Village and Mandal, Medak District, A.P. ..... PETITIONER AND 1 The Secretary Minority Welfare (Wakf-I) Department, Government of A.P., Secretariat Building, Hyderabad. 2 The A.P. State Wakf Board, rep. by its Chief Executive Officer, Haj House Complex, Nampally, Hyderabad. 3 The District Collector, Medak District, Sangareddy, A.P. 4 The Superintendent of Police, Medak District, Sangareddy, A.P. 5 The District Panchayath Officer, Medak District, Sangareddy, A.P. 6 The Executive Officer, Gram Panchayath, Gajwel Town, Medak District, A.P. 7 Mohammed Abdul Muqtadar S/o. Abdul Nabi R/o. H.No.14-135, Near Jama Masjid, Gajwel Village, Medak District, A.P. 8 Ghaffar S/o. Mohd. Abdul Muqtadar R/o. H.No.14-135, Near Jama Masjid, Gajwel Village, Medak District, A.P. 9 Quadeer S/o. Abdul Khader R/o. G.M.R. College Street Road, Gajwel Mandal, Medak District, A.P. .....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 a Writ of Mandamus or any other appropriate writ declaring the inaction of the respondents 1 to 6 against the Respondent No.7 to 9 in respect of Wakf property in Survey No.353 and 355 forming part of Dargah Hazrath Gyarah Shaheed and Ek Shaheed, total admeasuring Acres 13-35 guntas, situated at Gajwel Village and Mandal, Medak District, A.P. as illegal, arbitrary in violation of Article 14 to 21 of the Constitution of India and principles of natural justice and consequently direct the Respondents 1 to 6 to consider the representations dated 19.11.2008, 22.11.2008 and 26.11.2008 by taking immediate action against the respondent No.7 to 9 in accordance with law and grant such other relief. Counsel for the Petitioner: MR.M.A.BASITH Counsel for the Respondent Nos.1 & 2 : MR.S.M.SUBHANI (SC FOR AP WAKF BOARD) The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26667 of 2008 Order: The petitioner is allegedly Vice President of Ad hoc Managing Committee of Darga Hazarath Gyarah Shaheed and Ek Shaheed situated at Gajwel. When there were allegations of malfeasance and misfeasance against seventh respondent, the then Mutawalli, by proceedings dated 20.6.2000, the A.P. State Wakf Board (Wakf Board) removed seventh respondent and appointed Ad hoc Committee for a period of one year, which expired long back. Allegedly, said Committee is still continuing to manage the wakf properties. Alleging that respondent Nos.8 and 9 started construction of house on the encroached land of the Dargah Hazrat, the petitioner filed O.S.No.97 of 2008 before the A.P. State Wakf Tribunal. On 17.11.2008, the learned Tribunal passed orders directing the C.E.O. of Wakf Board to cause an enquiry and take preventive steps for protection and maintenance of the Wakf Institution in question. Alleging that the C.E.O. has not taken any action and in the meanwhile non-respondent Nos. 8 and 9 are proceeding with the construction activities, the present writ petition is filed. After hearing the learned counsel for the petitioner, this Court is of the considered opinion that the writ petition is wholly misconceived. The petitioner has already approached the Wakf Tribunal under Section 83(2) of the Act and obtained an interim order. He has to therefore work out the remedies before the learned Tribunal. The writ petition is, therefore, not proper and is accordingly dismissed. No costs. ____________ V.V.S. RAO,J 5th December, 2008 pnb