IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 12075 of 2009 Between: 1 Y. Jaya W/o. Veeresh Yama R/o. 10-2-319, Plot No. 201, Road No.7, West Marredpaly, Secunderabad. 2 P. Arun Jyothi W/o. P. Sreenivas Rao R/o. 10-2-46 Plot No. 118 Road No.3 West Marredpaly, Secunderabad. 3 P. Srinivas Rao S/o. Late P. Krishna Murthy R/o. 10-2-46 Plot No. 118 Road No.3 West Marredpaly, Secunderabad. 4 P. Saritha D/o. P. Sreenivas Rao R/o. 10-2-46 Plot No. 118 Road No.3 West Marredpaly, Secunderabad. 5 Amarnag Yama S/o. Veeresh Yama R/o. 10-2-319 Plot No. 201 Road No.7 West Marredpaly, Secunderabad. 6 N. Sudhakar S/o.N. Sangaiah C/o. Plot No. 118, Road No.3, 10-2-46, West Marredpaly, Secunderabad. ..... PETITIONERS AND 1 The Chief Executive Officer, A.P. State Wakf Board, Haj House, Nampally, Hyderabad. 2 Mir Qamar Hasan Razvi S/o. Late Mir Mohd. Hasan Muthavalli, Dargah Hazrath Koh-e-Imam-e-Zamin, Tirumalgiri Village and Mandal, R.R. District. .....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 to issue a Writ of Certiorari or any other appropriate writ, order or direction and; a) to call for the records in File No.36/B2/RR/07 dated 04.06.2008 and other connected records from the respondent No.1. b) to quash the impugned order No.36/B2/RR/07 dated 04.06.2008 of th respondent No.1 by declaring it as illegal, irrational and unconstitutional. c) to direct the respondents not ot interfere with the petitioner's peaceful possession in respect of their land admeasuring Ac.2-24 guntas in survey No. 58 (old No.54), situated at Tirumalgherry village, Secunderabad, and d) and to pass Counsel for the Petitioners: MR.WASIM AHMED KHAN Counsel for the Respondent No.: MR.M.A.K.MUKHEED The Court made the following : THE HONOURABLE SRI JUSTICE GODA RAGHURAM Writ Petition NO.12075 OF 2009 ORAL ORDER The writ petition is misconceived. The six(6) petitioners seek a declaration that the order of the 1st respondent dated.04-06-2008 is illegal and for a direction to the respondents not to interfere with the petitioners’ possession of lands in an extent of Ac.2.24 guntas in Sy.No.58 ( Old No.54) of Tirumalgherry Village and Mandal, Secunderabad. The petitioners claim to own the aforementioned property having purchased the same under several registered sale deeds, of the years 2001 to 2003. The petitioners state that in the year 1999 the 1st respondent claiming that the properties of the petitioners are wakf properties started interfering with their possession. The petitioners’ vendors filed O.S.No.30 of 1999 before the A.P. Wakf Tribunal for perpetual injunction. The suit was decreed by the judgment dated.13.06.2001 restraining the Wakf Board from interfering with the property in question. The Wakf Board preferred a revision Civil Revision Petition No.2501 of 2002, which is pending. After the decree and grant of injunction by the Tribunal, the Wakf Board issued a notice dated.16-04- 2002 appointing an enquiry officer to enquire into the status of the properties. The petitioners replied thereto. When the Wakf Board by an order dated 14-10- 2002 again appointed an enquiry officer, the petitioners challenged the same by way of W.P.No.1074 of 2003. This writ petition was withdrawn on 21-01- 2003. The Wakf Board passed another order dated.18-06-2003 appointing an enquiry officer under Section.54(3) of the Wakf Act, 1995. Against this, the petitioners filed W.P.No.15068 of 2003. In this writ petition by an interim order dated.23-07-2003 the order dated.18-06-2003 of the Wakf Board appointing an enquiry officer, was suspended. Despite pendency of the above proceedings at various stages, the Wakf Board entertained the representation of the 2nd respondent and by the proceedings impugned dated.04-06-2008 appointed him as Muthavalli of Dargah Hazrath Koh-e-Zamin with a view to illegally deprive the petitioners of their legitimate right to ownership and possession of the property, is the substance of the grievance that led to the filing of this writ petition. A perusal of the impugned order, of the A.P. Wakf Board discloses that after due consideration of the 2nd respondent’s claim he has been appointed as a Muthavalli of the Dargah with a direction to safeguard the Wakf Board properties which obligation a Muthavalli owes by the very nature of his appointment as a Muthavalli. The impugned proceedings does not either expressly or by necessary implication assert or deal with the petitioners property of Ac.2.24 guntas in Sy.No.58 (old no.54) of Tirumalgherry Village and Mandal, Secunderabad. As and when the 2nd respondent initiates proceedings for eviction of the petitioners, the petitioners may have a cause of action. The mere appointment of the 2nd respondent as a Muthavalli of the Dargah by the impugned proceedings is no concern of the petitioners. The petitioners have no locus standi to challenge the appointment of the 2nd respondent as Muthavalli of the Dargah. The petitioners do claim for muthavali-ship of the Dargah. It further requires to be noted that the petitioners have failed to implead the A.P. Wakf Board as respondent in this writ petition and are rest content to implead as the 1st respondent- the Chief Executive Officer which is not the same as the A.P. State Wakf Board. For the aforesaid reasons there are no merits in the writ petition. The writ petition is dismissed at the stage of admission. No costs. _________________ GODA RAGHURAM,J 22nd JUNE 2009 *TSNR