THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.17712 OF 2009 DATED: 25.08.2009 Between: Smt. Zaithun Bee @ Bee Bee .. Petitioner and Andhra Pradesh State Wakf Board, Rep. by its Chief Executive Officer, Haj House, Opp. Public Gardens, Nampally, Hyderabad and others. .. Respondents ORDER: Heard both sides. According to the petitioner, her father by name Chote Abdul Khader Sab was the recognized mutawalli of a notified Wakf Institution namely ‘Darga Hazarath Syed Sha Ali Akber’, which is popularly known as ‘Mastan Vali Darga’ (hereinafter referred to as ‘the Darga’), situated at Guntakal, Ananthapur District, and after his death, her brother and cousins are managing the affairs of the Darga as his legal heirs. It is her case that, questioning the appointment of the fathers of respondents 2 to 4 herein as mutawallis of the Darga, ignoring her candidature, she filed O.A.No.6 of 2005 before the A.P. Wakf Tribunal. While the said O.A. is still pending, the respondents 2 to 4 filed a writ petition, being W.P.No.11816 of 2009, before this Court, suppressing the pendency of the said O.A., seeking directions for disposal of their representations dated 10.04.2008 and 26.03.2009 filed before the A.P. State Wakf Board, claiming appointment as mutawallis of the Darga in succession to their fathers. The said writ petition was disposed of by this Court on 17.06.2009, directing the A.P. State Wakf Board, 1st respondent herein, to consider those representations purported to have been filed by respondents 2 to 4 and pass appropriate orders as per law within a period of eight weeks from the date of receipt of a copy of the order. The petitioner contends that making appointments of mutawallis, without the dispute raised by her in the aforesaid O.A. being resolved, is arbitrary and illegal, and she, therefore, seeks directions to the 1st respondent not to make appointments to the posts of mutawallis of the Darga till the disposal of O.A.No.6 of 2005 pending before the A.P. Wakf Tribunal, Hyderabad, and other consequential directions. In the facts and circumstances of the case, I am of the opinion that unless the O.A. filed by the petitioner in the year 2005 before the A.P. Wakf Tribunal, Hyderabad, is disposed of, it may not be desirable for the A.P. State Wakf Board to decide the matter and create confusion. In view of the above, without expressing any opinion on merits, the A.P. Wakf Tribunal, Hyderabad, is directed to dispose of O.A.No.6 of 2005 filed by the petitioner within a period of three months from the date of receipt of a copy of this order. Till such time, the representations filed by respondents 2 to 4 shall not be taken up for consideration. However, after the disposal of said O.A., basing on the orders passed therein and taking into consideration the objections of the petitioner and other concerned, if any, the 1st respondent shall consider the representations dated 10.04.2008 and 26.03.2009 purported to have been filed by the respondents 2 to 4 and pass appropriate orders as per law. With the above directions, the writ petition is disposed of. No order as to costs. _________________ JUSTICE C.V. RAMULU 25th August, 2009. IBL