THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No : 1426 of 2009 ORDER: The father of the petitioner was appointed as a Muthawalli for the Ashoor Khana viz., Hazarath Khadervalli Dargah and Peerla Chavidi of Sullurpet Town, Nellore District by the A.P.Wakf Board, respondent herein vide proceedings dated 27.08.1998. The petitioner states that the Ashoor Khana comprised of only one small building with a tiled roof, whereas the claim is being laid for Ac.0.25 cents of land. He contends that the Ac.0.25 cents of land in Survey No.18/1A is the ancestral property and there is no basis for the respondents to appoint Muthawalli for the said property. This writ petition is filed with a prayer to declare that the land in Survey No.18/1A is the private property of the petitioner and for a consequential direction to the respondent to modify the proceedings dated 23.07.1998 deleting the land in Survey No.18/1A from its purview. Heard the learned counsel for the petitioner and the learned counsel for the respondent. The petitioner claims rights over the property referred to above through succession. However, he ignores his father, who is appointed as Muthwaalli, vide proceedings dated 23.07.1998. The record discloses that the father of the petitioner had approached this Court by filing W.P.No.19839 of 2002 for eviction of encroachers from the Ac.0.25 cents of land in Survey No.18/1A. The writ petition was disposed taking note of the fact that proceedings were pending as regards succession of the land and leaving it open to the petitioner therein to renew his efforts as and when the land is notified under the Wakf Act. The relief claimed by the petitioner is in the form of a declaration, which can be granted only in a suit filed before a civil Court or A.P. Wakf Tribunal. It needs recording of evidence and examination of the claims of various persons. Therefore, the writ petition is dismissed, leaving it open to the petitioner to work out his remedies by filing a suit before the appropriate Forum. There shall be no order as to costs. _________ 02.02.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No : 1426 of 2009 Date: 02.02.2009 JSU