IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO : 646 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 27/02/2009 in WP NO : 27424 OF 2008 on the file of the High Court.) Between: Syed Noorul Mustafa Quadri S/o. Late Mohiuddin Pasha Quadri R/o. MCH No. 20-6-556/1, Syed Ali Chabuthara, Shah Ali Banda, Hyderabad. ..... APPELLANT AND 1 The Government of Andhra Pradesh Rep. by its Secretary , Minorit Welfare and Wakf, Secretariat Buildings, Hyderabad. 2 The Andhra Pradesh State Wakf Board Hyderabad, Rep. bys its Chief Executive Officer, Haj Complex, Public Garden Road, Hyderabad. 3 Zohra Begum W/o. Late Mohd. Ahmed, R/o. Syed ALi Chabuthra, Shah Ali Banda Hyderabad. .....RESPONDENTS Counsel for the Appellant: MR.M.T.GHORI Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Division Bench of this Court made the following : Judgment follows 2nd page THE HON'BLE MRS JUSTICE T.MEENA KUMARI A N D THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO : 646 of 2009. J U D G M E N T : (Per the Hon’ble Smt. Justice T. Meena Kumari ) The writ appeal is filed against order dated 27-2-2009 passed in WVMP.No.59 of 2008 in WPMP.No. 35929 of 2008 in WP.No. 27424 of 2008 by the learned single Judge, whereby the learned single Judge vacated the interim stay granted on 18-12-2008 by observing that the controversy in the writ petition itself is very narrow, namely, whether the petitioner is entitled to be returned certain documents and that there is nothing on record to disclose as to what documents have been filed by the petitioner and who received the same. More so, in the proceedings before the Tribunal, the parties have ample opportunity to file documents, which they intend to and that the appeal is said to be in an advanced state of hearing. 2. The main writ petition is filed seeking mandamus to declare the inaction of the first and second respondents in not returning the relevant material documents including Enquiry Report in File No. 767/G1-Hyd/94 and also not sending in Appeal No.4 of 2003 on the file of the Court of A.P. Wakf Tribunal, Hyderabad or not returning the documents, as illegal, arbitrary, unconstitutional and contrary to the Wakf Act, 1995 and Civil Procedure Code and consequently to direct the first and second respondents to send the material and relevant papers including exhibits marked and the above Enquiry Report to the Appeal No.4 of 2003 and to pass such other suitable orders. 3. Having heard Sri M.T. Ghori, the learned counsel for the appellant as well as Government Pleader for Social Welfare representing Respondents 1 and 2 and Sri T. Srikanth Reddy, the learned counsel for the Respondent No.3 and on perusing the averments made in the appeal as well as in the main writ petition, we deem it appropriate that there shall be interim direction to the Respondent Nos.1 and 2 to return the relevant original material documents including Enquiry Report in File No.767/G1-Hyd/94 to the appellant under due and proper acknowledgement by replacing the same with xerox copies with an undertaking from the appellant that he shall return the same as and when required after done with in Appeal No.4 of 2003 on the file of A.P. Wakf Tribunal, Hyderabad. However, the appellant is given an opportunity to receive the same from the Respondent Nos.1 and 2 so as to enable him to produce the same in Appeal No.4 of 2003 on the file of AP Wakf Tribunal and he is further directed to handle the same with utmost care, caution and not to tamper or mutilate the records. It is also made clear that AP Wakf Tribunal, Hyderabad shall return the original records that may be submitted by the appellant herein in Appeal No.4 of 2003 after done with to the appellant under due and proper acknowledgement so as to enable him to return the same to the Respondent Nos.1 and 2. 4. With the above direction, the writ appeal is disposed of at the stage of admission. No costs. ______________________ JUSTICE T.MEENA KUMARI ____________________ JUSTICE SANJAY KUMAR 02-6-2009. I s L NB : Furnish CC in two days. B/o. I s L