IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 15668 of 2005 Between: Sheik Ghouse Basha S/o. Sheik Silar R/o. Mosque Street, Sullurpet, Nellore District. ..... PETITIONER AND 1 A.P.State Wakf Board Rep. by its Chief Executive Officer and Ex- Officio Secretary R/o. Opp: Public Gardens, Haz Office Nampally Hyd. 2 V.Ghulam Dastagir S/o. Late Varusai Ghani, Rep.himself as the president to the managing committee of Hzt. Nagoor Khadarvalli Janda Ground, Sullurupeta town, R/o. H.No.10-247/3, Fish Market Street, Sullurupet, Nellore District. .....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 issue a writ, order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the orders in No.20/NLR/K/05 dated 1-6-2005 of the respondent-1, in constituting the managing committee, name and stylled as "Hzt.Nagoor Khadar Valli Janda Committee, u/s.18 of the Wakf act, 1995, under the president-ship of the respondent-2 as the said Hzt.Nagoor Khadar Valli Janda Ground with residential house in Sy.No.18/1-A with extent of Ac.0.25 cents is my grand father late Sheik Dasthagir, S/o. Sk.Babul Saheb, Sullurupet, who died issue-less and i am his linear decendent by succession, besides the very fact, that the same is not a notified/registered Wakf Property contemplated under sections 2(g), 5(2) of the Wakf Act, 1995 and thus the respondent-1 has no authority under section 18 of the said act to appoint/constitute the respondent-2 committee as such the orders of the respondent-1 is illegal, arbitrary and unconstitutional and against the wakf act, 1995 and set-aside the same and consequently pass in favour of the petitioner such other and further orders as this Hon'ble Court may deems fit. Counsel for the Petitioner: MR.P.N.JAGANMOHAN RAO Counsel for the Respondent No.: (SC FOR WAKF BOARD ANDHRA AREA)M.V.AHMED The Court made the following : THE HON’BLE MR. JUSTICE GODA RAGHURAM W.P.NO. 15668 OF 2005 ORDER: WPMP No. 10794 of 2008 This is an application seeking restoration of the writ petition which was dismissed for default on 7.3.2008. The cause shown in the accompanying affidavit is satisfactory and this application is accordingly ordered and the writ petition is restored to file. WP No. 15668 of 2005: The petitioner challenges the order dated 1.6.2005 issued by the first respondent-Andhra Pradesh State Wakf Board through its Chief Executive Officer appointing a managing committee for Hazi Nagoor Khader Vali Janda Ground situated at Sullurpet Nellore district under Section 18 of the Wakf Act, 1995 for a period of two years from the date of issue of the order. The second respondent is enumerated as president of the managing committee so appointed. The petitioner assails the appointment of the managing committee on several grounds. As the term of the managing committee appointed by the impugned order has come to an end by efflux of time stipulated in the order impugned, the question presented for consideration in this writ petition no longer survives for adjudication. In the aforesaid circumstances, the writ petition is dismissed as infructuous. As and when any fresh order is issued by the 1st respondent, the writ petitioner, if aggrieved, may pursue the appropriate remedy in accordance with law. No order as to costs. ____________________ GODA RAGHURAM, J Dt. 25.4.2008 KR To 1 A.P.State Wakf Board Rep. by its Chief Executive Officer and Ex- Officio Secretary R/o. Opp: Public Gardens, Haz Office Nampally Hyd 2 2 CCs to 3 2 CD copies Form-NIC-OGS/WP{CHP}