In WP 31059 of 2012, the Court dismissed the petition as withdrawn by the petitioner, who sought to pursue the alternative remedy available under Section 83(2) of the Wakf Act, 1995. An associated MP also stood disposed of.
The writ petition was dismissed as withdrawn with liberty to avail the alternative remedy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.31059 of 2012
Dated 0 5 th October, 2012
Between:
Roza-e-Hazrath Shazada Vali
…Petitioner and
The Chairman, AP State Wakf Board, Razzak Manzil, Nampally, Hyderabad another
…Respondents
Counsel for the petitioner: Sri Nazir Ahmed Khan Counsel for the respondents: ---
The Court made the following:
ORDER:
This writ petition is filed for the following substantive relief: “…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring proceedings Memo No.08/KNL/K/2012/Z-IV, dated 26.06.2012, issued by respondent No.2 on behalf of respondent No.1 by rejecting the petitioner’s application, dated 15.11.2011, for appointment of Managing Committee in respect of the Wakf Institution known as Dargah Hazarath Syed Shah Jamalullah Quadri situated at Adone, Kurnool District vide AP Gazette dated 02.05.1963, under Serial No.1573 as arbitrary, illegal, highhanded, dereliction of duty and defeating the object of Wakf Act, 1995 and consequently direct respondent No.2 to appoint the petitioner Association as Managing Committee of the aforesaid Wakf Institution.”
After arguing the case and noticing that this Court is reluctant to entertain this writ petition in view of availability of alternative remedy under Section 83(2) of the Wakf Act, 1995, Sri Nazir Ahmed Khan, learned counsel for the petitioner, sought permission of the Court to withdraw the writ petition with liberty to his client to avail the alternative remedy available under the above-mentioned provision.
In view of the above, the writ petition is dismissed as withdrawn in terms of the prayer made.
As a sequel to dismissal of the writ petition, W.P.M.P.No.39601 of 2012 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J
05th October, 2012 VGB
Roza-e-Hazrath Shazada Vali
The Chairman, AP State Wakf Board
C.V. Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
