HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) . -- MONDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY Between: 1 . Board of Trustees of l//s Anees-ul-Ghurb^a".5-8-181 ' Near Ek Minar Masjid' " Sialion noaO. Nampallv, Hvderabad - 500 00'1 ' 2. Mohd. Ameer Ahmed,,';t''i;i;b;;0" Rti' ch'it"n of the Board of rrustees of M/s. Anees-ur-cnirr'oJ, i:b"-181,-N";; EK Mina' Masjid' station Road' Nampally, Hyderabad - 500 001 ...'ET'T.ONERS AND 1. Andhra Pradesh State Wakf Boaro, nep nv its Chief Executive officer, Hvderabad z S'i"iE'!il""ohra Pradesh, Rep bv its Principal Secretary' Minorities Welfare (Wakf-ll) Department, Secretariat' HyoeraDao - 3. St"t;' ;i h;;hia praabsr',-nep -bv its'Principal Secretary' Revenue - IenOo*."nts-ll) Department, S6cretariat' Hyderabad' +. i'il""6[rniii'i.ii,i"iE"i";ments Department" Hvderabad ...RESpoNDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a writ of Mandamus or any other appropriate writ or order or declaration (a) declaring the GO Ms'No' 17' dated 09-9-2009' issued by 2nd respondent as arbitrary, illegal and ultra vires the provisions of Wakf Act' 1995' and set aside the same (b) declaring GO Ms No' 31 ' dated 06-'1-1979 issued by the 3rd respondent as arbitrary, illegal and ultra vires the provisions of AP Chaiitable and Hindu Religious lnstitutions and Endowments Act' and set aside the same; and (c) consequently direct '1st respondent not to take control of the institution M/s. Anees-ul-Ghurba Orphanage' 5-8-181' near EK Minar Mosque' Nampally, Hyderabad, from the 4th respondent' WRIT PETITION NO:19I 30 0F 2009 t.A. NO : 4 OF 2009 PMP. NO:29s84 0F 2009 Petition Gder Section 151 CPC Praying that in the circumstances stated in the affidavit filed in support of the petition' the High Court may be pleased to suspendtheoperationandeffectoftheA.P-GazetteNotificationNo.4lat S.45/Hyd/2000. dated 11.10.2007, pending disposal of the writ petition. l.A. NO: 1 OF 2009 (WPMP. NO: 25993 OF 2009) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspendGOMs.No.'17,datedO9-9-20Og,issuedby2ndrespondent'pending disposal of the writ Petition LA. NO: 3 OF 2009(WPMP. NO: 29583 OF 2009) Petition under section t st cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to permit the petitioners to amend the prayer in the writ Petition by deleting prayer (c) and adding the following prayer after prayer (b):- "declaring the A.P. Gazette Notification No.41 at s.45/Hyd/2000, dated 11.1O.2007 disclosing Annes-ul- gurbah and its properties as wakf, as illegal and ultra vires the provisions of the wakf Act, 1 954 and wakf Act, 1995 and consequently direct the respondents to restore the Management of the charitable lnstitution M/s. Anees-Ul-Ghurba, Nampally to the Petitioners. l.A. NO:2 oF 2009 (WPMP. NO: 25994 0F 2009) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 1st respondent not to take over control of the institution M/s. Anees-ul- Ghurba Orphanage, 5-8-181 , near EK Minar Mosque, Nampally, Hyderabad, from the 4th respondent herein, or interfere with the functioning of the same, pending disposal of the writ petition Counsel for the Petitioners: SRl. PRABHAKAR PERI Counsgl forthe Respondent No.1: SRI MIR MASOOD KHAN Counsbl for the Respondent No.2: GP FOR SOCIAL WELFARE Counsel forthe Respondent No.3 & 4: GP FOR ENDOWMENTS The Court made the following: ORDER I THE HOIV'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No. 1993O of 2OO9 ORDER: The counsel lor petitioners submits that the cause of action in the writ petition does not survive. Hence the writ petition is dismissed as infructuous. dismissed as infructuous. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. ,TRUE COPY' sol-r.rnlsxl,lA KUMAR DEPUW REGISTRAR SECTION OFFICER To, SDR GJP 1. One CC to SRl. PRABHAKAR PERI Advocate IOPUCI Z. One CC to SRl. lVlR MASOOD KHAN Advocate [O-PUCI 5. fwo CCs to SRl. GP FOR ENDOWMENTS, High Court for the State ot Telangana at Hyderabad lOPUCl 4 i;; id;i;'ci ron soilAL w'ELFARE .Hish court for the state of Telangana at HYderabad [OUT] 5. Two CD CoPies 6. One SPare CoPY Recording the said submission this writ petition is 4- HIGH GOURT DATED:1810412022 ORDER WP.No.19930 of 2009 5 J'JL 2[2? o -lr 1 ;,.€:lTA15 cA .i e .:l: DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS 5 M =-\