IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.12193 of 2006 Between: Madrasa-I-Aizza, a registered Society bearing Registration No.205/1961, Hyderabad, Rep. by The Honorary Secretary Mr. Mahboob Alam Khan. ..... PETITIONER AND 1 A.P. State Wakf Board, Haj House, Nampally, Hyderabad, Rep. by the Chief Executive officer. 2 The Chief Executive Officer, A.P. State Wakf Board, Haj House, Nampally, Hyderabad, 3 The Special Officer, A.P. State Wakf Board, Haj House, Nampally, Hyderabad, .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased o to issue a writ of Mandamus, or other appropriate order or direction in the nature of a writ directing the respondents to furnish the following documents: 1. Gazette (2) Copy of the Survey Report (3) Plans 4. Munthakhab (5) Farmaan (6) Wakf nama (7) Any other documents pertaining to the petitioner society pending disposal of the writ petition . and also direct the respondents not to take any adverse action against the petitioner without giving them show cause notice and opportunity of being heard and without supplying the relevant documents after declaring the attempted action of the respondents to treat the petitioner as a Wakf as arbitrary, discriminatory and violative of articles 14, 19,29 and 30 of Constitution of India and principles of natural justice in the interest of justice and pass such other or further orders as this Hon'ble Court deem fit and proper in the circumstances of the case. Counsel for the Petitioner:SRI B.NALIN KUMAR Counsel for the Respondents: The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.12193 of 2006 ORDER: Madrasa-I-Aizza seeks a writ of mandamus directing the respondents to furnish the following documents. 1.Gazette, 2. Copy of the Survey Report, 3.Plans, 4.Munthakab, 5. Farmaan, 6.Wakf Nama, and 7.Any other documents pertaining to the petitioner Society pending disposal of the writ petition. At the stage of admission itself, learned Standing Counsel for Andhra Pradesh Wakf Board submits that the copy of the survey report was furnished to the petitioner, but other documents are not available. In that view of the matter, no direction can be granted. However, the petitioner further contends that though it is an unregistered wakf, it is a Society registered under the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 Fasli, and running two schools, and that first respondent is making attempts to deprive the petitioner of its property without due process of law. If that be the only grievance, it goes without saying that unless and until first respondent initiates action under the Wakf Act, 1995, no coercive steps can be taken against the petitioner. The Writ Petition is disposed of accordingly. No costs. ____________ (V.V.S.RAO, J) 03.12.2008 vs To 1 The Chief Executive Officer, A.P. State Wakf Board, Haj House, Nampally, Hyderabad. 2 The Chief Executive Officer, A.P. State Wakf Board, Haj House, Nampally, Hyderabad, 3 The Special Officer, A.P. State Wakf Board, Haj House, Nampally, Hyderabad, 4 2CCs to 5 2CD copies Form-NIC-OGS/WP{VSMI}