IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR
WRIT PETITION No.39387 of 2013
BETWEEN Ch. Ramachandra Rao.
AND ... PETITIONER The Government of Andhra Pradesh, Rep. by its Principal Secretary, Minority Welfare Department, Secretariat, Hyderabad and others.
...RESPONDENTS Counsel for the Petitioner: MR. SHAIK JEELANI BASHA Counsel for the Respondents: GP FOR SOCIAL WELFARE MRS. S. SIVA KUMAR SHAFATH AHMAD KHAN (SC FOR WAKF BOARD) The Court made the following:
ORDER:
Petitioner challenged the appointment of respondent No.5, as Mutawalli.
2. However, in view of the decision of the Supreme Court in Supreme Court in BOARD OF WAKF, W E S T BENGAL v. ANIS FATIMA
[1]
BEGUM wherein it was held as follows, the issue of this nature is required to be adjudicated before a Wakf Tribunal.
“10. In our opinion, all matters pertaining to Wakfs should be filed in the first instance before the Wakf Tribunal constituted under Section 83 of the Wakf Act, 1995 and should not be entertained by the Civil Court or by the High Court straightaway under Article 226 of the Constitution of India.”
Hence, the writ petition is dismissed with liberty to the petitioner to approach the Wakf Tribunal, if he is so aggrieved by the appointment. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J July 14, 2014 DSK
[1] 2011 (1) ALD 61 (SC)