IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 19566 of 2008 Between: Sri Abdul Habeeb S/o. Abdul Gafoor 21-4-555/1 Gulbsingh Devidi Petla Burj,Hyderabad ..... PETITIONER AND 1 Government of Andhra Pradesh rep.by its Secretary Minority Welfare(Wakf-II) Dept Secretariat, Saifabad,Hyderabad 2 Andhra Pradesh State Wakf Board Rep.by its Chief Executive Officer, Haj Complex, Public Garden Road,Hyderabad ...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 or order or direction more fully in the name of Writ of Mandamus directing the respondents to appoint the petitioner as Mutawalli of Dargah Fajjaylal Shah with Ashoor Khana Grave yard Takia Chama Alisha situated in premises bearing No.5-1-1954 in an extent of 558 Yards Gouliguda Chaman,Hyderabad notiﬁed Wakf Properties and handover the possession of the same for a better and proper Management of Wakf for the purpose of which it was created by declaring the action besides being violating provision of constitution of India and provisions of the Wakf Act 1995. Counsel for the Petitioner: SMT.K.SESHARAJYAM Counsel for the Respondents: MR.ABDUL NAJEEB KHAN The Court made the following : ORDER: This writ petition is ﬁled by the petitioner claiming that he is entitled for being appointed as Mutawalli of Dargah Fajelal Shah situated at Gowliguda Chaman, Hyderbad. It is stated that while giving gazette notiﬁcation, one Sri Syed Asadullah Shah, who was the tenant was declared as Mutawali of the wakf properties and after his death, one Gulam Gareeb Nawazkhan, who was the care taker under late Asadullah Shah declared himself as Mutwali of the properties. Thereupon, it is stated that the petitioner represented to the authorities about the misuse of the properties by the said Nawazkhan and after conducting necessary enquires, the Wakf Board by proceedings dated 23.8.2002 undertaken the said properties under the direct management of the Wakf Board for a period of ﬁve years. The said decision was questioned by the said Nawaz Khan in W.P.No.17214 of 2003 before this Court, which was disposed of on 2.5.2003 directing the writ petitioner therein to avail the alternative remedy. Ultimately, in the revision petition ﬁled by the said Gulam Garib Nawaz Khan, by an order dated 17.11.2007, the government has passed the following order. “After careful examination of the entire matter and keeping in view the report of the Chief Executive Oﬃcer, A.P.State Wakf Board, Hyderabad , Government orders the Chief Executive Oﬃcer, Andhra Pradesh State Wakf Board, Hyderabad to take the Wakf Institution i.e. Dargah Fajjaylal Shah, Gowliguda Chaman, Hyderabad into direct management of Wakf Board in the interest of Wakf. Government also directs the Chief Executive Oﬃcer, Wakf Board to examine the request of Sri Abdul Habeeb as per the A.P.Wakf Act, 1995 for appointment as Mutawalli separately on merit to the above said Wakf Institution.” After the above said orders, it seems that the Government has sent two reminders to the Wakf Board on 24.12.2007 and 16.5.2008 with regard to the implementation of the orders dated 17.11.2007. The grievance of the petitioner is that so far no action is taken pursuant to the orders in the revision even though there is a direction to consider his case also for appointment as Mutawalli. Hence this writ petition. Today, when the matter is taken up, it is brought to the notice of this Court by the learned standing counsel for the Wakf Board as well as by the learned Government Pleader for Social Welfare that Garib Nawaz Khan has also ﬁled a writ petition before this Court in W.P.No.19388 of 2008 and this Court has directed to consider his case also for appointment as Mutawali within a period of four weeks and, therefore, in view of the orders passed in the revision petition to consider the case of the petitioner herein also for being appointed as Mutawalli, the authorities will consider both of them and would pass appropriate orders in accordance with law. Learned counsel appearing for the said Nawaz Khan also appeared before this Court and submits that in view of the orders of this Court in W.P.No.19388 of 2008, the case of Nawaz Khan also be considered along with the writ petitioner herein. In view of the above submissions, the writ petition is disposed of with a direction to take necessary action for appointment of Mutawalli for the Dargah in question by considering the case of the petitioner as also the case of Nawaz Khan. No costs. N.V.RAMANA,J Dt.11.9.2008 Note: Furnish CC in one week. (B/o) msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Government of Andhra Pradesh rep.by its Secretary Minority Welfare(Wakf-II) Dept Secretariat, Saifabad,Hyderabad 2 Andhra Pradesh State Wakf Board Rep.by its Chief Executive Officer, Haj Complex, Public Garden Road,Hyderabad 3 2CCs to Government Pleader for Social Welfare, High Court of A.P. Hyderabad. 4 2CD copies