THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.634 of 2009 ORDER: One Sri Mohammed Bin Saleh is said to be the Wakif of a Wakf known as Taj Building, Pathergatti. The petitioners claim to be his legal heirs. Mohammed Bin Saleh is said to be no more and the exact date of his death is not before this Court. The petitioners herein filed O.S.No.145 of 2004 before the A.P. State Wakf Tribunal against the A.P. Wakf Board, the respondent herein, for the relief of rendition of accounts in respect of the Wakf. The suit was decreed with certain observations, through judgment, dated 04.04.2008. One of the directions was that the respondent shall appoint a Muthawalli to the Wakf Institution, since it was under direct management of the respondent for the past five decades. Three months time from the date of judgment was stipulated for that purpose. The grievance of the petitioners is that no action has been taken in pursuance of the judgment so far. Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondent. The petitioners claim to be the legal descendants of the Wakif/Muthawalli of the institution. From a perusal of the judgment in O.S.No.145 of 2004, it becomes clear that for one reason or the other, the institution was under direct management and control of the respondent for the past five decades. The Tribunal found that there is no justification for such a state of affairs and directed that Muthawalli shall be appointed. Obviously, taking advantage of the fact that the Tribunal does not have the power to execute its decrees, the respondent did not move in the matter. The Wakf is governed by the recitals in the Wakfnama and the respondent cannot assume to itself the management indefinitely. Such a course would amount to rewriting or ignoring the Wakfnama itself. Hence, the writ petition is disposed of, directing the respondent to appoint a Muthawalli to the Wakf, within a period of two (2) months from the date of receipt of a copy of this order. The case of the petitioners shall also be considered, whenever such steps are taken. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:27.01.2009 kdl