The single-judge court disposed of the writ petition concerning the management of a Wakf Institution by merely recording the averments from the respondent's counter-affidavit denying interference, without further adjudication.
Writ petition disposed of by placing on record the averments in Paragraphs 4, 7, and 8 of the counter-affidavit.
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THE HON ’ BLE SRI JUSTI CE A.V.SESHA SAI
W.P.No.2662 OF 2018
ORDER:
The grievance of the petitioner in the present writ petition is alleged action of the 5th respondent in interfering with the functioning and management of the Wakf Institution i.e. Kitte Salaheen, Agahpura, Nampally, Hyderabad.
A counter-affidavit is filed by the 5th respondent. Paragraphs. 4, 7 and 8 of the said counter-affidavit read as under: -
“4. In reply to para No.10 of the affidavit, it is submitted that as per the records, it is revealed that on a complaint of Chief Executive Officer, State Telangana Waqf Board, Hyderabad, a case in Cr.No.1/ 2016 under Sections.447 and 427 IPC was registered on the file of Habeebnagar Police Station, Hyderabad against the petitioner herein and his henchmen as they broken the seal and lock of the Waqf property and taken over the possession of the wakf property and investigated into. Prima facie case is not established in this case and hence the investigating agency referred the said complaint as “False” and to that effect final report was also filed before the concerned Hon’ble Court.
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hereby denied. The allegations contra are untenable. There are no merits whatsoever warranting the interference of this Hon’ble Court under Article 226 of the Constitution of India. The writ petition is liable to be dismissed.”
While referring to the above said paras, it is submitted by the learned counsel for the petitioner that the writ petition can be disposed of by placing on record with the above said averments of the counter-affidavit.
Accordingly, the writ petition is disposed of by placing on record the averments made in Paras 4, 7 and 8 of the counter-affidavit. No order as to costs. Miscellaneous Petitions pending, if any, shall stand
closed.
_ _ _ _ _ _ _ _ _ _ _ _ _
A.V.SESHA SAI , J
Date: 07.03.2018
TSNR
1 issue framed by the court
Whether the writ petition should be dismissed given the respondent's denial of interference.
Petitioner
5th Respondent
A.V. Seshasai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
