HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3207 of 2011 Date:06.09.2011 Between: Mohammed Khader and another. ..... Petitioners AND The Chief Executive Officer, AP Wakf Board, Hyderabad And three others. .....Respondents Counsel for the Petitioners: Sri S.S.Pervaiz Counsel for Respondent No.1: Sri Mir Masood Khan Standing Counsel for AP.Wakf Board Counsel for Respondent No.2: AGP for Revenue Counsel for Respondent No.3: Dr.Y.Padmavathi Standing Counsel for GHMC Counsel for Respondent No.4: None appeared The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to direct the respondents to handover the graveyard free from all encumbrances and permit the muslims to have funerals in the said graveyard. The petitioners claim that one Mohd. Ghouse was originally the Mutawalli of the wakf which comprises graveyard in Sy.No.127 of Balanagar, Hyderabad, over an extent of 9 guntas. It is the case of the petitioners that after the death of the original Mutawalli, his successor has not been appointed so far though the claim of petitioner No.1 is pending with Andhra Pradesh State Wakf Board. The grievance of the petitioners is that the sub- ordinate staff of the Greater Hyderabad Municipal Corporation (for short ‘the Corporation’) have been de- sanctifying the graveyard by dumping the garbage therein and that, despite several representations made to the Corporation and respondent No.1, no steps have been taken to protect and preserve the graveyard. Even though time for filing counter-affidavits was granted on more than one occasion, no counter-affidavits have been filed by any of the respondents. To substantiate the petitioners’ claim that a graveyard is in existence in Sy.No.127 of Balanagar, Hyderabad, and that the same is recognised as wakf, the petitioners have filed a copy of notification of Andhra Pradesh Gazettee, dated 09.02.1989. A perusal of this notification would show that a graveyard with 9 guntas in Sy.No.127 is notified and one Mohd. Ghouse is shown to be the Mutawalli. In my opinion, it is not permissible for the respondents to use the graveyard which is notified as registered wakf for dumping garbage. Even though the petitioners have sought for a direction to the respondents to handover the said graveyard, I do not find any warrant to grant such direction because it is not the pleaded case of the petitioners that any of the respondents is in possession of the said graveyard. As noted above, the petitioners are mainly concerned with the alleged act of the employees of the Corporation in dumping the garbage into the said graveyard. In this view of the matter, respondent No.3 and his sub-ordinates are restrained from dumping garbage into the graveyard. If the petitioners have any further grievance relating to upkeep and maintenance of the graveyard and its possession, they shall be free to avail appropriate remedy in accordance with law. Subject to the above direction and observation, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, W.P.M.P.No.20856 of 2011 filed by the petitioners for interim relief is disposed of as infructuous. _____________________________ C.V.NAGARJUNA REDDY, J 06th September, 2011 DR