IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 10199 of 2007 Between: Haji Mohd. Ghouse S/o Haji Mohd. Turab R/o. M.C.lH. No. 15-7-472, Begum Bazar, Hyderabad. ..... PETITIONER AND 1 The A.P State Wakf Board, Rep. by its Chief Executive Officer, Haj House Complex, Opp. Public Garden Nampally, Hyderabad. 2 Md. Khaled S/o. Shaik Mahboob R/o. M.C.H. No. 15-8-223, Begum Bazar, Hyderabad. 3 M.A. Rasheed S/o. Not known to the Petitioner R/o. Shahgunj, Hyderabad. 4 Mohd. Naseer S/o. Shaik Mahboob R/o. M.C.H. No. 15-8-223, Begum Bazar, Hyderabad. 5 Mohd. Taher S/o. Not known to the petitioner, R/o.Masab Tank, Hyderabad. 6 G.K. Ghousullah Shareef S/o. Not Known to the petitioner, H.No. 15-8-237, Begum Bazar, Hyderabad. 7 Md. Khaiser S/o. Not known to the petitioner R/o. MCH No. 15-8-134/6, Opp. Mitti Ka Sher Begum Bazar, Hyderabad. 8 Syed Ghousuddin S/o. Not known to the petitioner, R/o. M.C.H. No. 15-8-237, Begum Bazar, Hyderabad. .....RESPONDENT(S) Counsel for the Petitioner: MR.M.T.GHORI Counsel for the Respondents: Mr.ABDUL NAJEEB KHAN (SC for Wakf Board) The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 10199 of 2007 ORDER: This writ petition is filed for a writ of mandamus to set aside proceedings dated 12.04.2007 of the Chief Executive Officer of respondent No.1 Wakf Board, whereby respondent No.1 constituted a Fresh Managing Committee under Section 18 of the A.P. Wakf Act, 1995 (for short, ‘the Act’) after superceding the earlier management under Section 67 of the Act for a period of 2 years. Heard Sri M.T. Ghori, learned counsel for the petitioner, Sri Abdul Nazeeb Khan for respondent No.1 and Sri Arun Kumar representing Sri M.A. Mukheed for respondent Nos.2 to 8. A perusal of the impugned order shows that the same was passed under Sections 18 and 67 of the Act. Under Section 83 (2) of the Act any mutawalli person interested in a wakf or any other person aggrieved by an order made under this Act, or rules made thereunder, may make an application within the time specified in this Act or where no such time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the Wakf. At the hearing, Sri Ghori did not dispute the fact that the petitioner has the remedy of approaching the Wakf Tribunal under the abovementioned provision. The petitioner failed to make out a case for this Court to make a departure from the established norm that the writ petitions are not entertained when an effective alternative remedy is available to the aggrieved party. Therefore, the writ petition is dismissed. Liberty is given to the petitioner to avail the abovementioned remedy before the A.P. Wakf Tribunal. As a sequel to dismissal of the writ petition, WPMP.No.12901 of 2007 filed by the petitioner for interim relief is also dismissed. C.V. NAGARJUNA REDDY, J Date: 25.02.2008 ES To 1.2CCs 2.2CD copies