THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.11884 of 2010 (Dated : 23-8-2011) Between: Syed Jaleel S/o Shoukat, R/o Bodhan, Nizamabad District ...Petitioner A n d Andhra Pradesh State Wakf Board and others ..Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.11884 of 2010 ORDER: This writ petition has been filed by Syed Jaleel seeking a writ of mandamus declaring the action of the 1st respondent-Andhra Pradesh State Wakf Board, represented by its Chief Executive Officer, in not extending the right to collection of the offerings in the Hundies of Dargah Hazarath Syed Saadullah Hussaini Badapahad, Jalalpur village, Varni Mandal, Nizamabad District for the year 2010-2011, as arbitrary and illegal. 2. The petitioner became a successful bidder for right to collection of the offerings in the hundies of Dargah Badapahad for the year 2009-2010. He remitted auction amount of Rs.1,43,55,000/-. The contract expired by midnight of 24-04-2010. The 1st respondent proposed to conduct auction of right of collecting offerings of Dargah Badapahad on 30-3-2010 for the year 2010-2011, i.e., for the period from 25-4-2010 to 24-4-2011, but the proposal came to be cancelled at the instance of local M.L.A and Muzawar of the Darga. The reasons for cancellation are not of much material for the disposal of this writ petition. The petitioner made representation dated 12-4-2010 seeking extension of his contract period on payment of 2% excess than the previous year contract amount. His contract came to be extended for one week, i.e., from 24-4-2010 to 01-5-2010 and thereafter, from 01-5-2010 to 07-6-2010. He has paid Rs.20 lakhs for the two extended periods of contracts. He sought for extension of time for payment of the balance amount for the entire period of one year. 3. The petitioner filed this writ petition questioning the action of the respondents in not extending his contract period for one more year instead of extending the same for one week initially, i.e., from 24-4- 2010 to 01-5-2010 and thereafter from 01-5-2010 to 7-6-2010. Pending the writ petition, auction came to be held and therefore, the petitioner filed W.P.M.P.No.39355 of 2010 seeking amendment of the relief. The amendment sought for, reads as hereunder:- “ For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon’ble High Court may be pleased to issue a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not issuing the office proceedings for the contract period 2010-2011 is illegal, arbitrary and consequently direct the respondents to refund the amount of Rs.20,00,000/- cash deposited by the petitioner as per the directions of the 1st respondent vide Memo E.No.1/DSSH/Auc/NZB/ 2010 dated 19-4-2010 and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case”. The said WPMP came to be ordered on 15-4-2011. 4. When the writ petition came up for admission, with the consent of the counsel appearing for the parties, it is taken up for final disposal. 5. Heard learned counsel appearing for the parties. 6. In view of the subsequent developments pending the writ petition, the petitioner confined his relief with regard to return of Rs.20,00,000/- deposited by him. It is contended by the learned counsel appearing for the petitioner that the petitioner could not collect the offerings during the period of contract because of the interference of the Mujawars and therefore, the petitioner is entitled for return of the amount deposited by him. The question whether the petitioner is prevented from collecting the amount is required to be examined by the 1st respondent. 7. In that view of the matter, the writ petition is disposed of giving liberty to the petitioner to make a representation to the 1st respondent for return of the amount deposited by him setting out the circumstances under which he could not avail the benefit of extended period of contract from 24-4-2010 to 01-5-2010 and thereafter, from 01-5-2010 to 7-6-2010. On such representation being made, the 1st respondent shall consider and dispose of the same, as expeditiously as possible, preferably, within a period of four weeks from the date of receipt of this order. No order as to costs. _____________________ B.SESHASAYANA REDDY, J Dt.23-08-2011 *RAR