IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL NO : 1532 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 23/09/2008 in WP NO : 14962 OF 2005 on the file of the High Court.) Between: Ahe Hadees Mosque, Kothapeta Burial Ground and Iddgah Committee, Regd.No.44/1972 21-14-1, Sunnapu Veedhi, Visakhapatnam-1 rep by its Secretary Mohd. Humayun. ..... APPELLANT AND 1 District Collector Visakhapatnam District, Visakhapatnam. 2 The Superintending Engineer Public Works (R&B) Department, Visakhapatnam. 3 Mandal Revenue officer Visakhapatnam (Urban), Visakhapatnam. 4 A.P.State Wakf Board, A.P.Haz House Building Nampally, Hyderabad rep by its Chief Executive officer. 5 District Revenue Officer Visakhapatnam District. 6 Inspector Auditor, Wakf, Visakhapatnam, Visakhapatnam District. .....RESPONDENTS Counsel for the Appellant:MR.VL.N.G.KMURTHY Counsel for the Respondent No.: MR.S.M.SUBHANI (SC FOR AP WAKF BOARD) The Court made the following : THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL No.1532 of 2008 ORAL JUDGMENT: (per the HON’BLE SRI JUSTICE D.S.R.VARMA) Heard both sides. 2. This Writ Appeal is directed against the order, dated 23.09.2008, passed by the learned single Judge of this Court, dismissing the application W.P.M.P.No.25224 of 2008 in W.P.No.14962 of 2005, filed under Section 151 of the Code of Civil Procedure, seeking a direction to the respondents 3 and 5 herein to implement the proceedings, dated 23.12.2006, insofar as fixing the boundaries and sketch of the property handed over to the petitioner and also handing over the shopping complex to the petitioner by Shadikhana Committee. 3. Appellant is the petitioner and respondents are the respondents in the said writ petition. 4. Learned single Judge of this Court after perusing the prayer in the writ petition found that the scope of the said application W.P.M.P.No.25224 of 2008 is identical to the amended prayer in the writ petition and unless the petitioner succeeds in the writ petition, the relief sought for in the said application cannot be granted. 5. In such a case, we are of the view that if the relief sought for in the said application is granted, it amounts to allowing the writ petition itself. 6. In that view of the matter, we do not find any illegality or infirmity in the said impugned order and accordingly, the Writ Appeal is liable to be dismissed. 7. In the result, the Writ Appeal is dismissed, at the stage of admission. There shall be no order as to costs. _____________________ JUSTICE D.S.R.VARMA ________________________ JUSTICE G.CHANDRAIAH 21st November 2008 DR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 District Collector Visakhapatnam District, Visakhapatnam. 2 The Superintending Engineer Public Works (R&B) Department, Visakhapatnam. 3 Mandal Revenue officer Visakhapatnam (Urban), Visakhapatnam. 4 2 CCS to Government Pleader for Revenue, High Court Buildings, Hyderabad. (OUT) 5 2CD copies