IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 24598 of 2003 Between: Dwaraka Prasad s/o late Choga lal Garg r/o Afzal Gunj, Hyderabad ..... PETITIONER AND 1The Commissioner of Endowments, twin Cities, Hyderabad 2The Assistant Commissioner of Endowments, Twin Cities, Hyderabad 3Executive Officer, Endowments, Twin Cities, Hyderabad 4Sri Gurubaksh Singh s/o late Sardar Sunder Singh r/o 15-5-68, Afzalgunj Hyderabad 5Sri Shankarlal s/o Rajaram R/o 15-5-59/1, Afzalgunj Hyderabad 6Sri Vishnu Prakash Neemkar S/o Nagorao Neemkar R/o 15-5-62, Afzalgunj Hyderabad 7Smt. Kusumdevi W/o jagmohanlal R/o 15-5-61, Afzalgunj Hyderabad 8Sri Sultan Mohammad Qureshi S/o Mohd Qureshi R/o Muradnagar, Hyderabad 9Sri Abdul Basith Ali s/o Habib abdullah R/o Purani Haveli, Hyderabad .....RESPONDENT(S) 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 an appropriate writ, order or direction more particularly one in the natureof Writ of Certiorari by calling for the records relating to and connected with the Revision Petition No. 77 of 1999, dt 7-12-2001 and consequential proceedings No. Rc. No. E/597/2000, dt 26-11-2002 and set aside the same holding them absolutely illegal, arbitrary and unconstitutional and consequently direct the respondents to declare the petitioners as founder and remove the third respondent as executive Oﬃcer of the Property bearing Municipal No. 15-5-56 to 68, popularly known as Bansi Bhawan and direct the respondents to contitute committee in terms of Section 15 of Act, 1957 int he interest of justice Counsel for the Petitioner:MR.PRATAP NARAYAN SANGHI Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.24598 of 2003 ORDER: An application is ﬁled seeking amendment of the prayer to include a challenge to the vires of the proviso to Section 17 of Act 13/1987. It will be wholly inappropriate to permit a challenge to the constitutional validity of the proviso to Section 17 in a writ petition where the relief sought for earlier is for a direction to the respondents to comply with the requirements of Section 17 of the Act. Sri Pratap Narayan Sanghi, learned Counsel for the petitioner would request this Court to permit the petitioner to withdraw the Writ Petition giving him liberty to ﬁle a Writ Petition afresh challenging the validity of the proviso to Section 17. Liberty is accorded. The Writ Petition is dismissed as withdrawn. ____________ 29-08-2008 GS