IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL No.1509 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 16/10/2008 in WP NO : 22516 OF 2008 on the file of the High Court.) Between: 1 Mohd. Faheemuddin, S/o. Late Mohd. Afzal, R/o. H.No. 9-4-84/43, Kakatiya Nagar, Mehdipatnam, Nanalnagar, Hyderabad. 2 Mohd. Faheemuddin S/o. Late Mohd. Afzal R/o. H. No. 9-4-84/43, Kakatiya Nagar ,. Mehdipatnam, Nanalnagar, Hyderabad. ..... APPELLANTS AND 1 M.A. Samad S/o. Late Gulam Geelani, R/o. H.o. 9-4-86/24, Salarjung Colony, Hyderabad. 2 The A.P. State Wakf Board, Rep. by its Executive Officer, A.P. Haj House Building, Nampally, Hyderabad. .....RESPONDENT(S) Counsel for the Appellants : MR.A.M.QURESHI Counsel for the Respondent No.1 : MR.A.RAVI SHANKAR Counsel for the Respondent No.2 : Mr. ABDUL NAJEEB KHAN, SC FOR WAKF BOARD The Court made the following : THE HON’BLE SRI JUSTICE D.S.R. VARMA AND THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT APPEAL No.1509 of 2008 ORAL JUDGMENT: (per the Hon’ble Sri Justice D.S.R.Varma) Heard Sri A.M.Qureshi, learned counsel appearing for the appellant as well as Sri A.Ravi Shankar, learned counsel appearing for respondent No.1-writ petitioner and also the learned Standing Counsel appearing for respondent No.2-Wakf Board. 2. This writ appeal is directed against the order, dated 16-10-2008, passed by a learned Single Judge of this Court in W.P.No.22516 of 2008, directing the Secretary, A.P. State Wakf Board to consider the representation, dated 29-09-2008, submitted by the writ petitioner and pass appropriate orders in accordance with law. 3. Appellant is respondent No.2, respondent No.1 is the writ petitioner and respondent No.2-A.P. State Wakf Board is respondent No.1 in the writ petition. 4. For the sake of convenience, in this judgment, the parties will be referred to as per their array in the writ petition. 5. The writ petition was filed seeking Mandamus directing the respondent No.1 to consider the representation, dated 29-09-2008, of the petitioner to withdraw the proceedings, dated 10-09-2008. 6. The learned single Judge, through the impugned order, dated 16- 10-2008, disposed of the writ petition, the operative portion of which reads as under: “Since the only grievance of the petitioner is of non-consideration of his representation, without going into the merits of the case, I deem it appropriate to direct the Secretary, A.P. State Wakf Board, to consider the representation, dated 29.09.2008, submitted by the petitioner and pass appropriate orders in accordance with law, as expeditiously as possible. With the above direction, the writ petition is disposed of. No order as to costs.” 7. From the above order, it is obvious that there is no categorical finding whatsoever in favour of the petitioner in the absence of the second respondent, who is the appellant herein. 8. Now, the grievance of the second respondent is that even without giving any opportunity to him, the writ petition has been disposed of with the above direction and, therefore, the impugned order is liable to be set aside. 9. We cannot agree with the submission made by the second respondent. 10. As already pointed out, the direction was only to the effect that the Secretary, A.P. State Wakf Board should consider the representation made by the petitioner and pass appropriate orders, which, in our considered view, is very innocuous and does not take away the right or substantial interest of any person, much less cause any prejudice to anyone, particularly the second respondent. 11. However, having regard to the facts and circumstances, we feel it expedient to modify the impugned order passed by the learned single Judge as under: “Since the only grievance of the petitioner is of non-consideration of his representation, without going into the merits of the case, we deem it appropriate to direct the Secretary/Chief Executive Officer, A.P. State Wakf Board, to consider the representation, dated 29-09-2008, submitted by the petitioner and pass appropriate orders in accordance with law, as expeditiously as possible. We make it clear that while undertaking the exercise, as directed above, the Secretary/Chief Executive Officer, A.P. State Wakf Board shall also consider any representation filed by the second respondent or any other interested person, after issuing notice to the parties concerned. 12. With the above said modification, the writ appeal is disposed of, at the stage of admission. There shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA __________________________ JUSTICE G.CHANDRAIAH 11-12-2008. NOTE: Issue C.C. as expeditiously as possible. (B/O) Msr. THE HON’BLE SRI JUSTICE D.S.R. VARMA AND THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT APPEAL No.1509 of 2008 11-12-2008 (Msr)