IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE SIXTH DAY OF NOVEMBER, TWO THOUSAND EIGHT ONLY WRIT PETITION No.6492 of 2002 Between: Syed Haqani Basha Quadri, S/o.Syed Akbar Basha Quadri, 36 years, Mutawalli and Sajjadanashin of Darga and Mosque, Idrusia, Gutupalli, Bethamcherla Mandal, Kurnool District. … Petitioner And The Mandal Revenue Officer, Bethamcherla Mandal, Kurnool District and three others. … Respondents Counsel for the petitioners: Sri Syed Shareef Ahmed. Counsel for the respondents: None. This Court made the following: ORDER:- This Writ Petition is ﬁled for a Writ of Mandamus to declare notiﬁcation dated 28-8- 2001 issued by respondent No.1 proposing to sell the lands situated in Survey Nos.115, 577 and 578 of Gutupalli village, Betamcherla Mandal, Kurnool District, and sale notice dated 28-1-2002 ﬁxing auction to be held on 10-4- 2002, as illegal. Heard Sri Syed Shareef Ahmed, learned counsel for the petitioner, and perused the record. The plea of the petitioner herein, who claims to be Mutawalli and Sajjadanashin of Darga and Mosque, Idrusia, Gutupalli, is that the above-mentioned properties are registered Wakf properties of the said mosque. The petitioner’s grievance is that in order to recover certain outstanding loans payable by respondents 3 and 4 to A.P. State Finance Corporation Limited, Kurnool, (for short “the Corporation), respondent No.1 has issued the impugned notiﬁcation and notice to sell the above mentioned lands. In the counter-aﬃdavit ﬁled by respondent No.1, while denying that the properties in Survey Nos.577 and 578 belong to the said mosque, he, however, admitted that the property in Survey No.115 was included in the Wakf Board Gazette, Part-II, dated 2-5-1963. Respondent No.1 raised a speciﬁc plea that the petitioner is not the Mutawalli and that he was evidently set up by respondents 3 and 4, who are the defaulters of the Corporation. Though the counter-aﬃdavit has been ﬁled as far back as the year 2002, the petitioner has neither controverted the averments contained in the counter-aﬃdavit nor ﬁled any material in support of his contention that he is the Mutawalli of the said Darga. In the absence of such material, the petitioner will have no locus standi to represent the said mosque. The Writ Petition is, therefore, dismissed on this ground alone, giving liberty to the person authorized by the mosque to question the sale proceedings, if they so choose. ------------------------- ----------- C.V.NAGARJUNA REDDY,J Date:06-11-2008 MNR