IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 25716 of 2008 Between: Sri Nizamath Jung Wakf, Re. by its Mutawalli Sri Nazir Uddin Ahmed, S/o. late Nazim Uddin Ahmed, R/o. 3-5-145, Vittalwadi, Narayanaguda, Hyderabad. ..... PETITIONER AND 1 Andhra Pradesh State Wakf Board, Rep. by its Chief Executive Officer, Having its Office at Opposite Public Garden Road, Nampally, Hyderabad. 2 Sri MIrza Hasan Ali Baig Chief Executive Officer, A.P. State Wakf Board, Office at Opposite Public Garden Road, Nampally, Hyderabad. 3 Sri Mohd. Ismail, Enquiry Officer, A.P. State Wakf Board, Razzack Manzil, Nampally, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate Writ or orderor direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st and 2nd respondents in not taking any steps in accordance with law in pursuance of the enquiry report filed by the 3rd respondent vide File No. 25/B2/M/Hyd/2066/Z.1, dt. 31-12-2007 as illegal, arbitrary and violative of principles of natural justice and consequently direct the 1st and 2nd respondents to take immediate steps in accordance with law in pursuance of the enquiry report filed by the 3rd respondent vide File NO. 25/B2/M/Hyd/2066/Z.1, dt. 31-12-2007 and pass Counsel for the Petitioner:MR.SRINIVAS CHOWDARY Counsel for the Respondents: MR.ABDUL NAJEEB KHAN The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.25716 of 2008 ORDER: The dispute in this writ petition is regarding Touliath of Sir Nizamath Jung Wakf and Zeenathunnisa, Narayanaguda, Hyderabad. The petitioner claims to be mutawalli. One Nizamuddin Ahmed filed W.P.No.10792 of 2002 challenging proceedings of first respondent appointing/recognizing the petitioner as mutawalli. This Court disposed of said writ petition on 04.01.2006 directing the rival claimants to make an application to Andhra Pradesh Wakf Board. After receiving such application, first respondent appointed an enquiry officer (third respondent herein), who conducted enquiry and submitted report dated 31.12.2007 opining that the petitioner is a person to be recognized as mutawalli. The matter is still pending before first respondent, aggrieved by which instant writ petition is filed. At the stage of admission itself, learned standing counsel for Andhra Pradesh Wakf Board obtained instructions. He submits that the rival claimants obtained certified copies, that they are yet to submit explanations, that the matter is still pending with Andhra Pradesh Wakf Board and that it will be disposed of within a period of two weeks from the date of receipt of a copy of this order. Keeping this in view, without expressing any opinion on the right of the petitioner, this writ petition is disposed of directing Andhra Pradesh Wakf Board to pass appropriate orders, after considering the report of third respondent dated 31.12.2007 and also the objections that may be submitted by the petitioner and others, within a period of two weeks from the date of receipt of a copy of this order. No costs. _____________ (V.V.S.RAO, J) 25th November, 2008 GHN To 1 Andhra Pradesh State Wakf Board, Rep. by its Chief Executive Officer, Having its Office at Opposite Public Garden Road, Nampally, Hyderabad. 2 Sri MIrza Hasan Ali Baig Chief Executive Officer, A.P. State Wakf Board, Office at Opposite Public Garden Road, Nampally, Hyderabad. 3 Sri Mohd. Ismail, Enquiry Officer, A.P. State Wakf Board, Razzack Manzil, Nampally, Hyderabad. 4 2CD copies Form-NIC-OGS/WP{SPJS}