IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 12501 of 2008 Between: Ahle Headees Mosque Kothapeta Burial Ground and Iddgah Committee D.No.21-14-1 Sunnapu Veedhi Visakhapatnam-1 Rep.by its Secretary Mohd Hymayun ..... PETITIONER AND 1 State of A.P Rep.by the principal Secretary to Govt Wakf & Minorities, Department A.P.Secretariat, Hyderabad 2 District Collector Visakhapatnam District, Visakhapatnam 3 The State Wakf Board A.P Haz House Building Nampally Hyderabad Rep.by its Chief Executive Officer 4 District Revenue Officer Cum District Wakf Officer Visakhapatnam District Visakhapatnam 5 Inspector Auditor Wakf Visakhapatnam,Visakhapatnam 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 especially one in the nature of writ of Mandamus declaring the inaction of the 3rd respondent herein in not publishing the errata to the Gazette Notification No.47 incorporating the burial ground situated in T.S No.1121 in Beach Road Visakhapatnam in spite of reminders and Second survey work as illegal arbitrary and capricious and consequently direct the 3rd respondent herein to publish an errata to the Gazette Notification No.47 incorporating the burial ground situated in T.S No.1121 in Beach Road Visakhapatnam as notified Wakf Towlleth(guidance) of the petitioner-Committee. Counsel for the Petitioner: MR.VL.N.G.KMURTHY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: The petitioner claims to be the Secretary of the petitioner Committee. It is its case that it is having two burial grounds situated in TS No.656, Kothapeta and in TS No.1121 situated at Beach Road, Visakhapatnam. A survey was conducted by the Survey Commissioner in the year 1956 in respect of the said two burial grounds but subsequently, gazette notification No.47 was issued only in respect of one burial ground and therefore, several reminders were issued to the 3rd respondent to publish errata to the said and to hand over the second the burial ground to the petitioner committee under towlith, in vein. Therefore, the present writ petition is filed seeking appropriate directions to the 3rd respondent to issue errata by including the burial ground situated in TS No.1121 in Beach road. Heard the learned counsel for the petitioner as well as the learned standing counsel appearing for the respondents. Admittedly, the representation of the petitioner dated 3.5.2005 seeking to declare the property as wakf property and to publish errata to the gazette notification No.47 is pending consideration with the 3rd respondent – Wakf Board. Therefore, it is agreed to by both the learned counsel to dispose of the writ petition with appropriate directions to the 3rd respondent. Accordingly, the writ petition is disposed of directing the 2nd respondent to dispose of the representation of the petitioner and pass appropriate orders expeditiously. N.V.RAMANA,J DT.17.6.2008 msv ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 State of A.P Rep.by the principal Secretary to Govt Wakf & Minorities, Department A.P.Secretariat, Hyderabad 2 District Collector Visakhapatnam District, Visakhapatnam 3 The State Wakf Board A.P Haz House Building Nampally Hyderabad Rep.by its Chief Executive Officer 4 District Revenue Officer Cum District Wakf Officer Visakhapatnam District Visakhapatnam 5 Inspector Auditor Wakf Visakhapatnam,Visakhapatnam District. 6 2CCs to the Government Pleader for Revenue, High Court of Andhra Pradesh, Hyderabad (OUT). 7 2CD copies