IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRDESH:: HYDERABAD FRIDAY, THE EIGHTH DAY OF APRIL TWO THOUSANDAND ELEVEN PRESENT:: HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.6603 OF 2006 Between: Dargah Hzt. Haji Darvesh Rep. by its Secretary, Mohd.Shafiullah, Devarakonda, Nalgonda District. …Petitioner A n d Mohd. Fayazuddin and two others ..Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.6603 OF 2006 ORDER: This civil revision petition is directed against the order dated 05-12-2006 in O.A.No.25 of 2005, on the file of the A.P.Wakf Tribunal, Hyderabad, wherein the said application filed by respondents 1 and 2 herein, was allowed, setting aside proceedings No.46/NLG/K/04, dated 27-10-2005, on the file of the A.P. State Wakf Board, Hyderabad. 2. Heard both sides. Perused the records. 3. Respondents 1 and 2 herein filed an application before the Tribunal against the third respondent-Wakf Board and the petitioner Darga situate at Devarakonda village, Nalgonda District. According to respondents 1 and 2, their ancestor by name late Ameer Ali was the Mutavalli of the Darga and its attached properties and after his demise, the first respondent’s father Mohd. Muneeruddin was the Mutavalli and the first respondent was managing the institution and its property and that the third respondent-Wakf Board has taken over the wakf property vide proceedings dated 29-09-2004 and challenging the same O.A.No.17 of 2004 was filed and the Tribunal suspended the operation of the said orders. Respondents 1 and 2 alleged that the CEO of the Wakf Board passed the impugned proceedings dated 27-10-2005 constituting a managing committee of 15 members as per Section 18 of the Wakf Act. Respondents 1 and 2 contended before the Tribunal that the impugned orders are contrary to law as they were issued without passing any orders on the application filed by respondents 1 and 2 herein which was pending for sanction of towaliath. The petitioner herein and the third respondent filed counters stating that the Darga and its attached properties were taken into direct management of the Wakf Board and, therefore, a Managing Committee was constituted under Section 18 of the Wakf Act for proper maintenance of the institution. The Tribunal allowed O.A.No.25 of 2005 on the ground that in the earlier O.A.No.17 of 2004 filed by them questioning the proceedings under which direct management was taken over by the Wakf Board was allowed setting aside the said proceedings after due enquiry and when once it was found that the Wakf Board has not properly exercised the power under Section 65 of the Act, the Wakf Board has no competence under Section 18 of the Act. Aggrieved by the same, the Board did not prefer any revision but the Darga, represented by its Secretary, filed the present revision petition. 4. The learned counsel for respondents 1 and 2 submitted that subsequent to filling of the civil revision petition, respondents 1 and 2 were appointed as Mutavallis in respect of the petitioner-Darga and produced a copy of the proceedings of the CEO, A.P. State Wakf Board dated 05-05-2009, wherein it is stated that SLA No.27659 of 2008 filed by the Wakf Board in the Supreme Court was also dismissed as withdrawn and respondents 1 and 2 herein submitted representation on 13-03-2009 to incorporate the change in the towaliath column to the effect that after their forefathers, they have been managing the affairs of the Darga and they obtained possession of the Darga and its property through process of Court in I.A.No.449 in O.A.No.17 of 2004, filed for recovery of possession. In the said proceedings, it is further stated that the matter was placed before the towaliath committee in its meeting held on 28-04-2009 and the committee unanimously resolved to appoint the first respondent herein Mohd.Fayazuddin as Mutavalli under Section 42 of the Wakf Act. In the said proceedings dated 05-05-2009, it is further stated that the views of the towaliath committee were placed before the Board in its meeting on 29-04-2009 and the Board unanimously resolved to appoint first respondent herein as Mutavalli of the petitioner-Darga under Section 42 of the Act and accordingly the first respondent was appointed as Mutavalli of the petitioner- Darga with its properties i.e., Ac.26-05 gts dry and Ac.8-15 gts wet. In view of the said proceedings dated 05-05- 2009 issued by the Wakf Board appointing the first respondent herein as Mutavalli for the petitioner-Darga, the present civil revision petition has become virtually infructuous. 5. In the result, the civil revision petition is dismissed, as having become infructuous. There shall be no order as to costs. _____________________ G.V.SEETHAPATHY, J 08th April, 2011 Lrkm.