THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.27466 of 2010 Date : 29-11-2010 Between : Shaik Khaja Mohiddin s/o.late Abdul Rasool .. Petitioner And The A.P. State Wakf Board, represented by its C.E.O., Haj House, Razzak Manzil, Nampalli, Hyderabad .. Respondent Counsel for petitioner : Ms.Naseeb Afshan Counsel for respondent : The Court made the following : ORDER: This Writ Petition is filed for a mandamus to set-aside muntaqab dated 25-4-2005 issued by the respondent in respect of Ac.0-04 cents of property in Sy.No.695 of Nandyal, Kurnool District, showing the same as wakf property, as contrary to the provisions of the A.P. Wakf Act, 1995. I have heard Ms.Naseeb Afshan, learned counsel for the petitioner and perused the record. The petitioner claims to be the owner of the above mentioned property. In response to the objections called for by the respondent through a notification published in Telugu daily on 18-11-2004 and 20-11-2004, the petitioner filed his objections claiming that the property belongs to him. However, ignoring those objections, the respondent has issued a muntaqab. The petitioner averred that the respondent has filed O.S.No.151/2009 before the A.P. Wakf Tribunal wherein an order of status quo has been issued. In my opinion, whether the property belongs to the wakf or is a private property belonging to the petitioner, cannot be adjudicated in a Writ Petition as several disputed questions of fact require to be adjudicated. Inasmuch as the respondent has already filed a civil suit to which the petitioner is a party before the A.P. Wakf Tribunal, he is entitled to raise all the issues pertaining to the title of the property including the validity of the muntaqab either in the present suit or by filing a substantive suit. Accordingly, the Writ Petition is dismissed without going into the merits of the case with liberty to the petitioner to avail the remedies referred to above. As a sequel to dismissal of the Writ Petition, WPMP No.35068/2010 is disposed of as infructuous. ________________________ Justice C.V.Nagarjuna Reddy Date : 29-11-2010 AM