IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.16388 of 2010 Between: Mir Hasan Aksari ..... Petitioner AND The A.P. State Wakf Board, rep., by its Chief Executive Officer, Hyderabad & another. .....Respondents Counsel for the petitioner: Sri M. Mehdi Hussain Counsel for respondent No.1: Sri M.A.K. Mukheed SC for Wakf Board Counsel for respondent No.2: Sri A.M. Qureshi The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.16388 of 2010 ORDER: This writ petition is filed for a Mandamus to declare the inaction of respondent No.1 in taking action against respondent No.2 for non- compliance of the direction issued by it vide Memo dated 23.02.2010, as illegal and arbitrary. I have heard Sri M. Mehdi Hussain, learned counsel for the petitioner, Sri M.A.K. Mukheed, learned Standing counsel for respondent No.1 and Sri A.M. Qureshi for respondent No.2. The grievance of the petitioner in this writ petition is that respondent No.2, who is a Mutawallia of Bargah-e-Azt. Abbas A.S. situated at Diwan Devdi, Hyderabad, has not been carrying out the direction given by respondent No.1 vide its Memo No.128/Hyd/NOC/2009, dated 23.02.2010, whereby respondent No.2 was directed to re-construct the wall and roof for kitchen with her own funds within a period of four months and submit compliance report. The respondents have filed separate counter affidavits. In the counter affidavit filed by respondent No.1, it is inter alia stated that it is an obligation on the part of every Mutawalli of the institution to follow the provisions of law and to protect the Wakf property and that inspite of the direction issued by the Wakf Board, respondent No.2 has failed to carry out the constructions. It is further stated that respondent No.2 has submitted a representation requesting to cancel the abovementioned Memo and accord her permission for construction of ground plus first floor and that the said request is under scrutiny and examination. In the counter affidavit filed by respondent No.2, it is stated that the petitioner is always inimical to her. It is further stated that Mir Baquar Ali Moosvi (brother of the petitioner) and his brothers, without her and the Wakf Board permission, have encroached major portion of the Wakf institution and that she made a request to the Wakf Board to initiate action under Section 54 of the Wakf Act, 1995 for removal of the encroachers and handing over the property to her for demolition and construction of new building. No reply affidavit is filed by the petitioner controverting the abovementioned allegations. Though respondent No.1 has admitted that it is the bounden duty of respondent No.2 to carry out the direction given by it, both the respondents have stated that respondent No.2 has represented to respondent No.1 to reconsider the direction issued by the latter and issue permission to her to construct a new building, after evicting the persons in occupation thereof. Therefore, on the facts of this case, it cannot be said that respondent No.2 has been deliberately violating the direction given by respondent No.1. But, at the same time, respondent No.1 cannot keep the issue pending undecided. It is obligatory on its part to consider the representation of respondent No.2 and take a decision either to reiterate the direction already given on 23.02.2010 or to review the said direction and issue appropriate permission to respondent No.2, as requested by her in her representation. Accordingly, respondent No.1 is directed to pass an appropriate order within a period of four weeks from the date of receipt of this order. It shall also ensure that any order passed by it is implemented by respondent No.2. Subject to the above direction, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.No.20643 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 08.11.2010 ES