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High Court for State of TelanganaWP/4571/2015disposed of no costs

D. Mohammed Rafi v. The Andhra Pradesh State Wakf Board, Rep. By Its

2015-02-26Challa Kodanda Ram3 pages

HON'BLE SRI JUSTICE CHALLA KODANDA RAM W.P.No. 4571 of 2015 DATE: 26.02.2015 Between:

D. Mohammed Rafi .. Petitioner and

1. The Andhra Pradesh State Wakf Board

2. The Inspector Auditor .. Respondents

O R D E R:- The sum and substance of the petitioner's case as reflected from the affidavit is that his father by name D.Mohammed Hussain was first notified as Mutawalli for the Wakf property known as Dargah Hazarat Syed Shah Ali Akbar Masthan Vali situated in Guntakal Town, Ananthapur District and after his demise, the petitioner, claiming himself to be the successor to his father, made representation dated 01.07.2014 requesting 1st respondent-Wakf Board to notify his name as Mutawalli to the wakf property and appoint him as such. It is also stated that the 2nd respondent-Inspector Auditor conducted enquiry and submitted a report that the petitioner is the eldest son of D.Mohammed Hussain, the first Mutawalli.

Now, the petitioner's grievance is that the 1st respondent neither considered his representation nor notified and appointed him as Mutawalli for the wakf property. Hence, the present writ petition seeking appropriate directions. The relief sought for by the petitioner, who claims to be the eligible among the three successors to his father as per the order dated 23.04.2013 in O.A.No. 6 of 2005 passed by the Wakf Tribunal, Hyderabad, is only to consider his representation dated 01.07.

to dispose of the writ petition with the following directions: "The 1st respondent - Wakf Board is directed to consider the representation dated 01.07.2014 said to have been made by the petitioner and pass appropriate orders thereon in accordance with law, within a period of twelve weeks from today." With the above direction, the writ petition is disposed of. No order as to costs.

As a sequel to the disposal of the writ petition, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_______________________ CHALLA KODANDA RAM, J 26.02.2015 bcj