THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No. 2031 of 2008 Dated: 08.02.2008 Between: Mr. Mohd. Farooq Ali Khan & others. … Petitioners AND A.P. State Wakf Board, rep., by its Chief Executive Officer, Nampally, Hyderabad & others. … Respondents Counsel for the petitioners : Sri Mirza Safiulla Baig Counsel for respondent 1 : Sri Abdul Najeeb Khan Counsel for respondents 2&3 : None THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No. 2031 of 2008 ORDER:- This writ petition is filed for a writ of Certiorari to quash proceedings dated 28.07.2007 passed by respondent No.2, whereby he passed order under Section 55 of the Wakf Act, 1995 (for short, ‘the Act’) for eviction of the petitioners from “Graveyard Mahboob Ali Shah” situated at Rainbazar, Hyderabad. At the hearing, this Court having felt that the petitioners are having an effective alternative remedy of approaching the Andhra Pradesh Wakf Tribunal by making an application under Section 54(4) read with Section 83 (2) of the Act, Sri Mirza Safiulla Baig, learned counsel for the petitioners submitted that the impugned order is passed in violation of principles of natural justice and therefore the petitioners can maintain the writ petition without availing the alternative remedy. Sri Abdul Najeeb Khan, learned Standing Counsel for the Wakf Board, after getting instructions, placed before me a copy of notice said to have been issued under Section 54 (1) of the Act and submitted that since the petitioners refused to receive the notices, they were pasted on the premises in their occupation. Learned counsel for the petitioners, however, submitted that this procedure said to have been followed by the respondents is not in accordance with the procedure prescribed under the relevant Rules for service of notices. This Court is not inclined to go into this disputed issue, because, this is not a case where the respondents admit that no notice was given. Whether notice was given or not is again an issue, which requires to be gone into and adjudicated by the Andhra Pradesh Wakf Tribunal. Since the petitioners have got an efficacious alternative remedy to question the order impugned in this writ petition, the same is dismissed. The petitioners are given liberty to approach the Andhra Pradesh Wakf Tribunal for redressal of their grievance. The order of status quo granted by this Court on 05.02.2008 shall continue for a period of two weeks from today. As a sequel to dismissal of the writ petition, WPMP.No.2589 of 2008 filed by the petitioners for interim relief is also dismissed. _____________________________ C.V. NAGARJUNA REDDY, J Date: 08.02.2008 ES