Petitioner challenged the appointment of a Muthawalli. Court dismissed the writ petition without deciding merits, directing petitioner to approach the Wakf Tribunal under Section 83(2) of the Wakf Act, 1995 for adjudication of disputed questions of fact.
Writ Petition dismissed; interim order vacated; other petitions disposed of as infructuous.
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HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY
W.P.No.36355 of 2012
Date : 5-11-2013
Between : Meer Javid Hussain .. Petitioner And The District Collector, Krishna District at Machilipatam and others .. Respondents
Counsel for petitioner : Sri K. Laxmaiah Counsel for respondent Nos.1 & 2 : Assistant Government Pleader
for Revenue
Counsel for respondent No.3 : -- Counsel for respondent No.4 : Sri P.Prabhakara Rao
The Court made the following:
ORDER:
This Writ Petition is filed for a mandamus to set-aside proceedings in F.No.84/AST/K/2009-ZV, dated 20-11-2012, of respondent No.3 whereby he has appointed respondent No.4 as the Muthawalli of Bara Imam Asthana, Inugudurpet, Machilipatnam Town, Krishna District.
The impugned proceedings shows that respondent No.3 has discussed the entitlement of respondent No.4 after considering succession and other related aspects. In my opinion, the petitioner ought to have approached the A.P. Wakf Tribunal (for short “the Wakf Tribunal”) under Section 83(2) of the Wakf Act, 1995 if he feels aggrieved by the impugned order, inasmuch as various disputed questions of fact can be adjudicated by the Wakf Tribunal after considering the evidence that may be let in by both the parties.
In this view of the matter, I am not inclined to adjudicate the Writ Petition on merits. The Writ Petition is accordingly dismissed without expressing any opinion on the merits of the case with liberty to the petitioner to workout
his remedies before the Wakf Tribunal.
As a sequel to the dismissal of the Writ Petition, interim order dated 26-11-2012 is vacated and WPMP No.46171/2012 and WVMP No.2681/2013 are disposed of as infructuous.
________________________ Justice C.V. Nagarjuna Reddy
Date : 5-11-2013 AM
1 issue framed by the court
Whether the Writ Petition could be adjudicated on merits or if the petitioner should approach the Wakf Tribunal under Section 83(2) of the Wakf Act, 1995.
1 provisions across 1 enactments
Meer Javid Hussain
The District Collector, Krishna District at Machilipatam
Others
C.V. Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
