IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9732 of 2008 Between: M.A.Vaseem, S/o. Aleem R/o. S.D.202, J.K.Colony, Yellandu. Tahsil Yellandu, Khammam Dist. ..... PETITIONER AND 1 The A.P.State Wakf Board, Hyderabad, rep. by its Chief Executive Officer, Haj Complex, Public Garden Road, Hyd. 2 The Managing Committee of the Musafir Khana Wakf Property, Yellandu, Rep. by its President, M.A.Gaffar Baig, S/o. Sardar Baig, Aged: 60 years Occ: Agriculture, R/o. Old Bus Stand, Two Num,ber Basthi, Yellandu, Khammam Dist. ...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 issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in allotment or leased-out the Wakf Malgi No.12 of the Muncipal No. 1-228, Musdafir Khana Complex., Yellandu, by way of Auction or an7y other manner, is illegal, arbitrary, unconstitutional and consequently direct the respondents to received the Rents since the month of April 2008 continuously in respect of the above Malgi. Counsel for the Petitioner: MR.M.T.GHORI Counsel for the Respondent No.1: MR.S.M.SUBHANI (SC FOR AP WAKF BOARD) The Court made the following : ORDER: The petitioner claims to be the tenant of a malgi situated at post office, Yellandu, Khammam District. It is his case that the said malgi was leased out to him on 1.1.2008 and he has also paid the advance deposit of a sum of Rs.15,000/- on the very same day itself and since then he has been paying the rents regularly. But however, no receipts were given to him by the respondents. It is his grievance that though the respondents leased out the mulgi to him, they are not receiving the rents from April 2008 onwards and, therefore, seeks a direction to the respondents to receive the rents from April 2008 onwards. Heard the learned counsel for the petitioner as well as the learned Standing Counsel for the Wakf Board. Prima facie, the dispute relates to leasing out the property and is purely a transaction between the petitioner and the 2nd respondent and this court under Article 226 of the Constitution of India cannot go into such issues. The writ petition is devoid of merits and is accordingly dismissed with liberty to the petitioner to approach the competent tenancy court. N.V.RAMANA,J msv 30.4.2008 ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The A.P.State Wakf Board, Hyderabad, rep. by its Chief Executive Officer, Haj Complex, Public Garden Road, Hyd. 2 The Managing Committee of the Musafir Khana Wakf Property, Yellandu, Rep. by its President, M.A.Gaffar Baig, S/o. Sardar Baig, Aged: 60 years Occ: Agriculture, R/o. Old Bus Stand, Two Num,ber Basthi, Yellandu, Khammam Dist. 3 2CD copies