THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.21277 of 2009 Date:28th November, 2011 Between: Md. Khasim S/o.Late Md. Subhan ..... Petitioner AND The Andhra Pradesh State Wakf Board rep. by its Chief Executive Officer, Nampally, Hyderabad. .....Respondent *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.21277 of 2009 ORDER: The Writ Petition has been filed by Md. Khasim seeking mandamus declaring the action of the respondent in not considering his representations, dt.30.09.2009, 22.06.2009 and 01.04.2009, to appoint him as Muthawalli of Dhargah Hzt., Niranjan Shah Aulia, situated at Pattanpet, Gudur Mandal, Krishna District, as illegal, arbitrary and contrary to the provisions of the Wakf Act, 1995. 2. The petitioner earlier filed W.P.No.5153 of 2009 assailing the inaction of the respondent on his representation, dated 10.01.2009. The said Writ Petition came to be disposed of on 16.03.2009, directing the respondent to consider the representation of the petitioner within a period of four months from the date of receipt of a copy of the order. Relevant portion of the said order reads as hereunder: “Therefore, the writ petition is disposed of directing that the respondent shall examine the feasibility of appointing a Muthawalli for the Dargah in question duly taking into account the claims of the concerned persons within a period of four months from the date of receipt of a copy of this order. There shall be no order as to costs.” The petitioner claims to have submitted representations on 30.09.2009, 22.06.2009 and 01.04.2009 to appoint him as Muthawalli of Dhargah Hzt, Niranjan Shah Aulia situated at Pattanpet, Gudur Mandal, Krishna District. According to him, the notified Muthawalli died more than four decades ago and since then he has been looking after the affairs of the said Dargah. He claims to be the President of the Managing Committee, which has been appointed for looking after the affairs of the Dargah and for conducting ‘URSU’ every year. There being no action on his representations, he approached this Court invoking the jurisdiction under Article 226 of the Constitution of India seeking the prayer stated supra. 3. Rule Nisi came to be issued on 13.10.2009. On the same day, an interim direction also given to the respondent to permit the present committee to manage the affairs of Dhargah Hzt, Niranjan Shah Aulia, situated at Pattanpet, Gudur Mandal, Krishna District, as per law, until new committee is constituted by it, vide WPMP No.27650 of 2009. 4. The respondent has not filed counter-affidavit as on this day. 5. The grievance of the petitioner appears to be non-consideration of his representations, dt.30.09.2009, 22.06.2009 and 01.04.2009. 6. In that view of the matter, the Writ Petition is disposed of directing the respondent to consider the representations of the petitioner, dt.30.09.2009, 22.06.2009 and 01.04.2009, and pass appropriate orders, after putting on notice the affected parties, within a period of four months from the date of receipt of a copy of this Order. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:28th November, 2011. cs THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY Writ Petition No.21277 of 2009 Date:28th November, 2011