IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 14141 of 2008 Between: 1 Syed Basheeruddin Khadri S/o.Syed Fakeer Mohiuddin Khadri Residing at Door No.15-5/A, Inside Dargah Imam Ali Shah, Balapur, R.R.District 2 Syed MohiuddinKhusro Khadri S/o.Syed Fakeer Mohiuddin Khadri Residing at Door No.15-5/A, Inside Dargah Imam Ali Shah, Balapur, R.R.District 3 Syed Nusrat Hashami Khadri S/o.Syed Fakeer Mohiuddin Khadri Residing at Door No.15-5/A, Inside Dargah Imam Ali Shah, Balapur, R.R.District ..... PETITIONER(S) AND 1 The Andhra Pradesh State Wakf Board,rep.by its Chief Executive Officer, Haj House Complex, Nampally, Hyderabad 2 The Inspector Auditor, Wakf Collectorate complex office at Lakdakapool, Hyderabad, R.R.District .....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 to issue an appropriate writ order or direction in thenature of mandamus declaring the action of the respondent authorities in not passing orders on the representations made by the petitioners dated 20.11.2006 having received all the documents on 3.4.2007 as being illegal, arbitrary, capricious and malafide and further direct the respondents topass orders under Sec.42 of theWakf Act forthwith and pass Counsel for the Petitioner:MRSYED SHAREEF AHMED Counsel for the Respondent No.: MR.S.M.SUBHANI (SC FOR AP WAKF BOARD) The Court made the following : THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 14141 of 2008 Order: The petitioners state that they made a representation dated 20.11.2006 requesting the 1st respondent-Wakf Board to mutate their names as Mutawallis in the relevant records of the Wakf Board in the place of their deceased father, namely Syed Faqir Mohiuddin (notified Mutawalli), in accordance with the provisions of Section 42 of the Wakf Act, 1995. Thereafter, it is the case of the petitioners that a memo dated 23.02.2007 was issued by the 2nd respondent directing them to furnish certain documents, and pursuant thereto, they submitted all the documents as required by the 2nd respondent on 03.04.2007, but so far no orders have been passed by the respondent-Wakf Board on their representation. Hence, they filed the present writ petition. When the matter is taken up for admission today, learned Standing Counsel for the respondent-Wakf Board, on instructions, submitted that the petitioners have not furnished the documents viz., Munthakhab, Khasra Pahanis, Succession Certificate and No-objection Certificates from the other legal heirs, which are important to consider their representation for mutating their names as Mutawallis in the relevant records of the Wakf Board. Learned counsel for the petitioners contends that the respondent-Wakf Board can verify the said documents from the records, which are available with them, and can pass orders on the representation of the petitioners. He, however, agreed to produce the said documents within four weeks time. Having regard to the facts and circumstances of the case, and in view of the agreed stand taken by the learned counsel for the petitioners, instead of keeping the writ petition pending, I deem it appropriate to dispose of the same at the stage of admission itself with the following directions: The petitioners are directed to furnish all the documents as required by the respondent-Wakf Board, within a period of four weeks from today, and on furnishing such documents, the respondent-Wakf Board shall consider the representation dated 20.11.2006 of the petitioners, after taking into consideration the documents that may be produced by them, and pass appropriate orders thereon in accordance with law, within a period of four weeks therefrom. Accordingly, the writ petition is disposed of. No costs. _________________ N.V. RAMANA, J. Date: 18.07.2008 Nsr