THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.21545 of 2001 Date: 30.01.2008 Between: Ghulam Ahmed … Petitioner AND A.P.State Wakf Board Rep by Secretary Hyderabad. & others. … Respondents Counsel for the petitioner: Counsel for respondents : Mr.M.A.Rareeq, Standing Counsel HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.21545 of 2001 ORDER:- This writ petition is filed for a writ of certiorari to quash order dated 4.7.2001 passed in O.A.No.2 of 1998 by the Andhra Pradesh Wakf Tribunal whereby it confirmed the order dated 1.2.1997 of respondent No.1. The petitioner applied to respondent No.1 Wakf Board for his appointment as Mutawalli for Darga of Kareemullah Shah Qhadri situated a t Kareemnagar (for short “the subject Darga”). Respondent No.1 however appointed respondent No.3 as Mutawalli of the subject Darga by order dated 1.2.1997. The petitioner challenged the said order albeit unsuccessfully in O.S.No.2 of 1998 before Andhra Pradesh Wakf Tribunal, Hyderabad. Feeling aggrieved by the orders passed by the Wakf Tribunal – Respondent No.1, the petitioner filed the present writ petition. At the hearing, no one represented the petitioner. Heard Sri Mohd.Abdul Rafeeq, learned Standing Counsel for Andhra Pradesh Wakf Board and perused the record. From the perusal of the record it is evident that the petitioner claims to be the son-in-law of the brother of the deceased Mutawalli and he based his claim for appointment on his relationship with him. The Tribunal gave a categorical finding that there is no wakf deed. Under Section 63 of the Andhra Pradesh Wakf Act, 1995 when there is a vacancy in the office of Mutawalli of a wakf and there is no one to be appointed under the terms of the deed of the wakf or where a right of any person to act as Mutawali is disputed, the Board may appoint any person to act as Mutawalli for such period and on such conditions as it may think fit. This provision pre-supposes that a person can claim to be appointed as Mutawalli as of right if the deed of the wakf makes a provision to that effect and in the absence of availability of any such deed and such a provision in the wakf deed, the wakf board is given the power and discretion to appoint a Mutawalli. In the face of the finding of the Tribunal, which is not assailed in the writ petition, that there is no wakf deed in the present case, the petitioner cannot claim appointment to the office of Mutawalli as of right. I do not therefore find any error in the order impugned in this writ petition. The writ petition is accordingly dismissed. ___________________________ C.V.NAGARJUNA REDDY,J Date:30.01.2008 mdaa