THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.26720 of 2010 Dated 28th October, 2010 Between: Mahdi Ali Khan and another …Petitioners And The Andhra Pradesh State Wakf Board, Hyderabad and others …Respondents Counsel for the petitioners: Mr.S.A. Murtuza Counsel for respondent No.1: Mr. Masood Khan standing counsel for A.P. State Wakf Board Counsel for respondent Nos. 2 and 3: -- Counsel for respondent No.4: Assistant Government Pleader for Revenue The Court made the following: ORDER: This writ petition is filed for a Mandamus to direct respondent No.2 to shift the body of a person by name Gouthiansiam from the muslim grave yard. I have heard Sri S.A. Murtuza, the learned counsel for the petitioners and perused the record. It is averred in the affidavit filed in support of the writ petition that the body of the abovenamed person who belongs to Christian faith and was a member of respondent No.2 regiment was buried in the grave yard which is a registered wakf. The petitioners, therefore, sought for intervention of this Court to direct respondent No.2 to remove the body from the place of its burial. In my opinion, the dispute does not fall in public law field because it is not the pleaded case of the petitioners that the act of respondent No.2 complained of was committed in connection with its discharge of any statutory or administrative functions. The dispute falls purely in a private law field, where the petitioners have the remedies available before the common law Courts. Therefore, I do not find any reason to entertain the writ petition. The Writ Petition is accordingly dismissed with liberty to the petitioners to avail such remedies as are available to them in law. As a sequel to dismissal of the writ petition, W.P.M.P.No.34108 of 2010 filed by the petitioners for interim relief is dismissed as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 28th October, 2010 GHN