THE HONOURABLE SRI JUSTICE N.V. RAMANA Contempt Case No.1372 of 2008 ORDER: This contempt case is filed complaining willful disobedience on the part of the respondents in complying with the order dated 11.10.2007 passed by this Court in W.P.M.P. No. 28019 of 2007 in W.P. No. 21607 of 2007, whereunder the memo dated 28.09.2007 of the 1st respondent, permitting one Sri. Mohd. Madar, General Secretary, Eidgah and Khabarastan, Gollagudem Village, Khammam District, to make arrangements for prayer of Idul Fitar in the Wakf land of Eidgah, Gollagudem, scheduled to be held on 13.09.2007, and to bury the dead bodies in the burial ground, was suspended, pending further orders. The grievance of the petitioner, who is claiming to be looking after the administration of Ashurkhana Bade-Shahi Wakf in the capacity of legal heir of its deceased mutawali, is that, in spite of the aforesaid interim orders being in force, the 1st respondent issued proceedings on 26.09.2008 directing the District Revenue Officer, to instruct the Wakf Inspector to utilize the services of Janam Moulana Mufti Syed Ahmed Saheb for conducting prayers at the Eidgah, and the 2nd respondent approved the said proceedings. However, the Wakf Inspector, being aware of the aforesaid interim orders of this Court, permitted the petitioner to make arrangements for prayers, and thereby, the respondents have committed contempt of the aforesaid orders of this Court. Respondent No.1 filed a detailed counter-affidavit stating that the averments of the petitioner that they are functioning as Mutawali and nobody objected for the same and the authorities instructed to get their name declared as Mutawali of the institution, being the legal heirs of the deceased Mutawali, and filing of petition dated 17.06.2002 are to be borne out of the record. Further, it is contended that the writ petition in W.P. No. 3329 of 2005, filed by the petitioner, questioning the appointment of Management Committee for Eidgah, was closed by this Court on 27.09.2005 observing that the Committee was constituted to Bade Shahi New Edgah Ashoorkhana for the management of the new Edgah in the land of the Ashoorkhana, which has nothing to do with the Ashoorkhana Bade Shahi, Khammam, for which the petitioner is Mutawalli. It is also further stated that under Section 32 of the Wakf Act, 1995, the power of general superintendence to administer and control all Wakfs in the State of Andhra Pradesh vests with the Wakf Board, and in exercise of such power, the 1st respondent addressed the letter dated 26.09.2008, requesting the District Revenue Officer to direct the Wakf Inspector to supervise the arrangements, and addressing of such letter, in no manner amounts to interference in the administration/management of the Mutawalli. In spite of granting time, no reply affidavit is filed by the petitioner rebutting the aforesaid averments in the counter-affidavit. In view of the averments made in the counter affidavit, it cannot be said that the respondents committed contempt of the orders of this Court, and more so when it is the specific case of the petitioner that in spite of the letter, which is said to have been issued in violation of the order of this Court, he was permitted to make arrangements for the prayers. Hence, the contempt case is closed. ___________________________ JUSTICE N.V. RAMANA 25th January 2010 IBL