THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE P. DURGA PRASAD WRIT APPEAL No. 453 of 2011 JUDGMENT: (Per the Hon’ble Sri Justice Goda Raghuram) The writ petitioner is the appellant herein, who assailed in the writ petition proceedings dated 7.6.2011 of the respondent – Wakf Board taking over the Wakf Institution – Kohe-Imam-e-Zamin (AS) along with its attached properties under its direct management by invoking Section 65 of the Wakf Act of 1995, for the several reasons enumerated in the order impugned in the writ petition. For challenging the order the petitioner contended unsuccessfully before the learned single Judge, contentions reiterated in this appeal, that the Board having recognized him a hereditary mutawalli (by issuing proceedings under Section 42 of the Act) must follow the procedure contemplated under Section 64 of the said Act for his removal and since no such procedure was followed and no notice or opportunity was afforded to him, the order dated 7.6.2011 was unsustainable. The learned single Judge declined to interfere in the writ petition on the ground that the petitioner has an efficacious, speedy alternative and statutory remedy by way of an appeal to the State Wakf Tribunal under Section 83 of the Act, and declined to exercise discretion under Article 226 of the Constitution. We find no error in exercise of discretion, in the judgment under appeal, warranting interference in this appeal. The appeal is accordingly dismissed. Appellant is, however, at liberty as observed in the judgment under appeal, to approach the A.P. Wakf Tribunal under Section 83 of the A.P. Wakf Act, 1995. ______________________ JUSTICE GODA RAGHURAM ______________________ JUSTICE P. DURGA PRASAD Date: 29-6-2011. MVB.