IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 17629 of 2008 Between: Sahebzada Mir Azmath Ali Khan S/o. S.M. Hussain Ali Khan R/o. H.No. 17-1-215, Santosh Nagar, Hyderabad. ..... PETITIONER AND The A.P. Wakf Board, Rep. by its Chief Executive Officer, Having Office at Haj House Nampally Road, Hyderabad. .....RESPONDENT 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 appropriate writ order or direction more aprticularly one in the natrue of writ of Mandamus declaring that the inaction of the respondent in not registering the land admn. 5 acres attached and appurtenant to Mosque Sirajunnisa Begum under Sy.No. 88, 89, 90 and 97 Karmanghat Village, Saroornagar Mandal, R.R. District as a wakf land in the book of Endowments, is illegal, and arbitrary, consequently this Hon'ble Court may be pleased to direct the respondent to immediately register the land admn. 5 acres attached and appurtenant to Mosque Sirajunnisa Begum under Sy.No. 88, 89, 90 and 97 Karmanghat Village, Saroornagar Mandal, R.R. District, as a Wakf land in the book of Endowments and to pass Counsel for the Petitioner:MR.MOHD.MOIN AHMED QUADRI Counsel for the Respondent No.: (SC FOR WAKF BOARD)ABDUL NAJEEB KHAN The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.17629 OF 2008 ORAL ORDER: The petitioner states that his father is the grandson of Habbeb Ali Khan and great grandson of Sirajunnisa Begum, who constructed a mosque in her name about 150 years back at Bagh e Sirajunnisa, in Survey Nos.88, 89, 90 and 97, situated at Karmanghat Village, Saroornagar Mandal, Ranga Reddy District and that land admeasuring 5 acres, which is appurtenant to the said mosque, also belongs to the said Sirajunnisa Begum, having been gifted orally (Hiba) in favour of the said mosque by Nizam VII on 22.11.1966 and a declaration dated 04.03.1967 evidencing the said gift was executed by one Sri Aslam Ali. The petitioner further states that his father used to look after the said mosque including the abutting land in question and after his demise the petitioner took charge of the same and thereafter he made several representations to the respondent and one such representation was made on 28.02.2008 requesting him to register the said land in the Endowment Book but the respondent failed to take any action thereon. Aggrieved by the inaction of the respondent in not registering the land admeasuring 5 acres abutting the mosque, he filed the present writ petition. When the writ petition is taken up for admission today, the learned standing counsel appearing for the respondent- Wakf Board submitted that the petitioner has submitted only a representation which is not in prescribed format and he is required to ﬁle an application in prescribed proforma as envisaged under Section 36 of the Wakf Act, 1995, and if he ﬁles any such application, the respondent will certainly consider the same. In view of the said submission made by the learned standing counsel appearing for the respondent- Wakf Board, without going into the merits of the case, at the stage of admission, I deem it appropriate to dispose of the writ petition itself with the following directions: The petitioner is directed to ﬁle an application in the prescribed proforma as envisaged under Section 36 of the Wakf Act, 1995 and on ﬁling of such application, the respondent is directed to consider and dispose of the same and pass appropriate orders thereon in accordance with law expeditiously. Accordingly, the Writ Petition is disposed of. No costs. ______________ N.V.RAMANA, J. Date: 13.08.2008 VGSR