HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6358 of 2006 Dated:14.09.2006 Between: K.S.S.B.Ruknuddin Ahmed Hussaini. …Petitioner and The A.P.Wakf Board and another. …Respondent HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.6358 of 2006 ORDER: The petitioner is statedly Sajjadanashin and hereditary Mutawalli of Dargah Hzt. Baba Fakruddin (Rh), Penukonda, Anantapur District. He is aggrieved by the notice bearing Rc.No.1891/H4/06, dated 16.03.2006, calling upon him to submit explanation in the matter of alleged misappropriation of funds of the Wakf. The challenge is based, inter alia, on the ground that the second respondent who issued the impugned order is not competent under Section 71 of the Wakf Act, 1995, or Rule 24 of the Andhra Pradesh Wakf Rules, 2000. At the stage of admission itself the first respondent filed counter affidavit admitting the legal position. Therefore, the impugned notice is unsustainable. Unless and until any enquiry is initiated by the first respondent, there can be no such enquiry at the instance of the second respondent. The Writ Petition is accordingly allowed. No costs. ____________ (V.V.S.RAO, J) 14.09.2006 vs