IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 12401 of 2008 Between: C.Narasimha Reddy S/o. Late C.Pochi Reddy R/o. 8-1-37 Mailardevpalli Village, Rajendranagar mandal, R.R.District. ..... PETITIONER AND 1. Masjid & Graveyard of Takya Moghul Fakhir, Situated at H.No. 19- 3-1073, Shamsheergunj, Hyderabad, Rep. by its President Sri. Abdul Jaleel Khan S/o. Late Mohd. Hassan Khan. 2 The A.P.State Wakf Board, Rep. by its Chief Executive Officer, Haj House Building, Nampalli, 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 particularly one in the nature of Writ of Mandamus declaring the decree and judgment of A.P. Wakf Tribunal in O.S.No. 68 of 2007 dated 22.1.2008 obtained by the Respondents herein as null and void and also in violation of Article 14, 21 and 300A of constitution of India in respect of the agricultural land in Sy.No. 103 ( Old ) 103/1 and 103/2 ( new ) admeasuring Ac. 19.21 guntas situated at Mailardevpalli Village, Rajendranagar Mandal, R.R.District. Counsel for the Petitioner:MR.G.ARUN KUMAR Counsel for the Respondents: MR.S.M.SUBHANI (SC FOR AP WAKF BOARD) The Court made the following : ORDER: This writ petition is filed to declare the decree and judgment of A.P. Wakf Tribunal in O.S.No. 68 of 2007 dated 22.1.2008 in respect of the agricultural land in Sy.No. 103 ( Old ) 103/1 and 103/2 ( new ) admeasuring ac. 19.21 guntas situated at Mailardevpalli Village, Rajendranagar Mandal, R.R.District, obtained by the Respondents herein, as null and viod and also in violation of Article 14, 21 and 300A of constitution of India. Heard the learned counsel for the petitioner as well as the learned standing counsel for the 1st respondent. The learned standing counsel for the respondent Wakf Board raised an objection as to the very maintainability of the writ petition contending that as against the judgment of the Wakf Tribunal, a writ petition is not maintainable in view of the alternative and efficacious remedy of revision to the High Court under Section 83(9) of the Wakf Act, 1995 (Central Act 43 of 95) (for short ‘the Act’) as per the judgment of this Court in Mohd.Abdul Kareem v. Andhra Pradesh State Wakf Board[1]. The said fact is not disputed by the learned counsel for the petitioner. In the circumstances, giving liberty to the petitioner to avail the remedy under sub-section (9) of Section 83 of the Act, the writ petition is dismissed. N.V.RAMANA,J DT.17.6.2008 msv .. REGISTRAR // TRUE COPY // SECTION OFFICER To 1 2CD copies [1] (2004) 2 ALD 345