IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.15794 of 2005 Between: Haroon Rasheed. … Petitioner And A.P.Wakf Board, reptd., by its Chief Executive Officer, Having office at Razzak Manzil, Nampally road, Hyderabad and another. … Respondents Counsel for the petitioners: Sri Moin Ahmed Quadri. Counsel for respondents: --- This Court made the following: ORDER: This Writ Petition is filed for the following substantive relief: “ … to issue a writ, order or direction more particularly one in the nature of Writ of Mandaus declaring that Wakf Board has no right to appoint a person as Mutawalli unless in accordance with the Section 42 and 63 of the Wakf Act, consequently this Hon'ble Court may be pleased to declare the proceedings, vide: proceedings No. 110/B2/M/ADL/97, dated 4-6-2005 as illegal, void ab intio being violate of Section 63 of the Wakf act””. At the hearing, Sri Moin Ahmed Quadri, learned counsel for the petitioner submitted that the petitioner may be permitted to withdraw the Writ Petition with liberty to avail the remedy under Section 83(2) of the Wakf Act, 1995 before the A.P. Wakf Tribunal to question the impugned order passed by respondent No.1 appointing respondent No.2 as Mutawalli. The request of the learned counsel is accepted and the Writ Petition is dismissed as withdrawn with liberty in terms of the prayer made. -------------------------------------- -- C.V.NAGARJUNA REDDY, J Date: 25-06-2008 MNR