IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 389 of 2008 Between: Mohammed Khairul Hassan, S/o.Late Ali Mohd.Jan, R/o.H.No.17-2-621,Madhipura Colony,Sayeedabad, Hyderabad ..... PETITIONER AND 1 The State of A.P, rep.by its Secretary,Minority Welfare(Wakf-I) Department, Secretariat, Hyderabad 2 Secretary to Govt and Election Authority uner Walkf Act, 1955 Govt.A.P, Miniority Welfare(Wakf-I) Department, Secretariat,Hyderabad 3 Andhra Pradesh State Wakf Board, Rep.by its Chief Executive Officer,Nampally,Hyderabad 4 The Union of India,rep.by its Secretary Miniority Welfare, New Delhi 5 Mirza Hassan Ali Baig Election Officer-Cum-Estate Officer, General Administration (Accommodation) Department, Govt. of A.P, Secretariat,Hyderabad 6 Habben Ansari Assistant Election Officer, Executive Officer, A.P Wakf Board Hyderabad 7 Mohd.Siddique Election Officer and Assistant Secretary to Govt.Minority Welfare Department, Secreatariat,Hyderabad 8 Mohd. Mujtaba Assistant Election Officer and Section Officer Miniority Welfare Department,Secretariat,Hyderabad .....RESPONDENT(S) 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 to to issue an apppropriate writ,order or direction more particularly in nature of Mandamus declaring (a) That the election Programme issued in G.O.Ms.No.36,MW(Wakf-I) Dept.dt.18-12-2007 confining the Election to the Category of Mutawallies/Managing Committee is contrary to G.O.Ms.No.34,MW(Wakf-I) Department dt.15- 12-2007 issued for the purposes of conduct of election to all the categorize all contemplated under Sec.14 of the Wakf Act 1955 (b) the action of the 3rd respondent declining to include the name of the petitioner managing committee in the Electoral Rolls published for the purposes of conducting election relating to the reconstitution of the A.P.State Wakf Board under Sec.14 of the Act in pursuance of the notification made in G.O.Ms.No.34,MW(Wakf-I) Dept.dt.15-12-2007 having received the reconstitution of the A.P. State Wakf Board under Sec.14 of the Wakf act in pursuance of the notification made in G.O.Ms.No.34,Mw(Wakf-I) Dept.dt.15-12-2007 having received the representations dt.19-07-2007,20-09-2007,02-01-2008 and 04-01- 2008 as being illegal,arbitrary,capricious malafide and contrary to the orders passed by this Hon'ble Court in W.P.No.14496/2005,dt.21-11- 2007 and pass such other order or orders Counsel for the Petitioner: Sri Siddha Reddy for Sri Syed Shareef Ahmed The Court made the following : THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No. 389 of 2008 ORDER: This writ petition is filed for the following substantive relief: “… Hon’ble Court may be pleased to issue an appropriate writ, order or direction more particular in nature of mandamus declaring (a) that the Election Programme issued in G.O.Ms.No.36, MW (Wakf-I) Dept. dt.18-12-2007 confining the Election to the Category of Mutawallies/Managing Committees is contrary to G.O.Ms.No.34, MW (Wakf-I) Department dt.15- 12-2007 issued for the purposes of conduct of election to all the categorize all contemplated under Sec.14 of the Wakf Act 1955 (b) the action of the 3rd respondent declining to include the name of the petitioner managing committee in the Electoral Rolls published for the purposes of conducting election relating to the reconstitution of the A.P. State Wakf Board under Sec.14 of the Act in pursuance of the notification made in G.O.Ms.No.34, MW (Wakf-I) Dept. dt.15.12.2007 having received the reconstitutions dated 19.07.2007, 20-09-2007, 02-01-2008 and 04-01-2008 as being illegal, arbitrary, capricious malafide and contrary to the orders passed by this Hon'ble Court in W.P.No.14496/2005, dated 21.11.2007 and pass such other order or orders.” At the hearing, Sri Siddha Reddy representing Sri Syed Shareed Ahmed, learned counsel for the petitioner, represented that the writ petition has become infructuous. In view of the same, the writ petition is dismissed as infructuous. As a sequel to dismissal of the writ petition as infructuous, WPMP.No.307 of 2008 filed by the petitioner for interim relief is also dismissed. C.V. NAGARJUNA REDDY, J Date: 18.02.2008 ES To 1.2CCs to 2.2CD copies