Mohd. Faisal Ali Shah, Hyderabad. v. The State Of Ts.,Minority Welfare,Hyd.,And 4 Otrs.

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32562 OF 2016 Dated:19.03.2019 Between:

Mohd. Faisal Ali Shal, S/o. Late Mohd. Mohsin Ali Shah, Aged about 47 years, Occ: Muthawalli And Sajjada Nashin Hzt. Dargah Yousufain, R/o. Municipal No.5-6-424 Nampally, Hyderabad .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Minority Welfare Department, Secretariat, Hyderabad and others .. Respondents This Court made the following:

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32562 OF 2016 ORDER:

This Writ Petition is filed praying to declare the action of the respondents, more particularly respondents 3 to 5 in illegally interfering into the petitioner's personal rights of Sajjada Nasheenship in respect of Dargah Hazrath Yousufain, Nampally, and sought for further direction not to interfere with the rights and duties of the petitioner.

2.

Learned Standing Counsel for Wakf Board brought to the notice of the Court that petitioner earlier filed several Writ Petitions almost seeking identical prayers and withdrew the same with liberty to the petitioner to avail alternative remedies. In W.P.No.29254 of 2016, the prayer sought by the petitioner was identical and by order dated 07.09.2016, the said Writ Petition was dismissed as withdrawn with liberty to the petitioner to avail the remedy provided under Section 83 of the Wakf Act. He further submits that petitioner earlier filed W.P.No.30553 of 2015 seeking identical relief as sought in W.P.No.29254 of 2016. The said Writ Petition was also dismissed as withdrawn on 14.10.2015. 3.

Alleging that Telangana State Wakf Board is not functioning, the present writ Petition is filed.

4.

The Court is informed that the Telangana State Wakf Board is now functioning.

- 3 - 5.

In view of the same, learned counsel for the petitioner now seeks to withdraw the Writ Petition with liberty to the petitioner to avail the remedies provided under the Wakf Act. 6.

Granting the liberty as sought for by the petitioner, the Writ Petition is dismissed. There shall be no order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed. ____________________ P. NAVEEN RAO, J Date:19.03.2019 KH