S. B. SINHA, C. J.

( 1 ) THE question which arises for consideration in this appeal which is preferred from a Judgment and Order dated 16-4-2001 passed by a learned single Judge of this Court in W. P. No. 7058 of 2001 is as to whether the writ petition should be entertained despite the fact that an alternative remedy is available under section 83 of the Wakf Act, 1995 on the ground that the wakf in question is not a registered one.

( 2 ) THE fact of the matter lies in a very narrow compass. One Sri Syed burhanuddin Ali Shah who was also known as Hazrat Syed Burhanullah Shah and who led his life as a Sofi died a century back leaving behind him inam land to an extent of 21 Acres 14 Guntas is S. No. 139 situated at zaheerabad, Medak district which is called dargah Hazarat Burhan Ali Shah and graveyard. He had two sons namely Syed mohiuddin Ali Shah and Syed nadeemullah Shah. While the appellant-writ petitioner belongs to the branch of Syed nadeemullah Shah, 4th respondent hereinbelongs to the branch of Syed Mohiuddin Ali Shah.

( 3 ) THE case of the appellant is that the aforementioned property is the only source of livelihood of their family. Out of the total extent of Ac. 21-14 gts. , an extent of 16 acres was developed by digging an irrigation well making the land suitable for cultivation. The remaining area is covered by huge tamarind trees and it is partly used as family graveyard from the two generations and the other part is used as residential quarters of the family members. The appellant alleges that the 4th respondent taking advantage of his position as the head of family being the eldest male member and with an evil intention to deprive the members of Syed nadeem Ali Shah s branch of their right to have a share in the property filed a suit being OS. No. 15 of 1982 on the file of Court of District Munsif, Zaheerabad against the descendants of Syed Nadeem AH Shah s branch for injunction restraining them from interfering with his possession of the property in question. Ultimately, the parties entered into a compromise and accordingly a compromise decree was passed dismissing the suit to the extent of 8 acres, half share in the area under cultivation and the other non-agricultural land was kept as common undivided property. Respondent No. 4 filed another suit being O. S. No. 21 of 1992 on the file of the Court of the District Munisf for an injunction restraining the appellant and others from alienating their share of property on the ground that it is an inam land. The suit was dismissed as barred by res judicata on 28-2-1995. A. S. No. 12 of 1995 preferred thereagainst before the District judge, Sangareddy was dismissed on 31-3-2000 and Second Appeal No. 532 of 2000 preferred thereagainst was also dismissed by this Court on 13-12-2000. While things stood thus, the Inspector of the Wakf Board made an inspection of the wakf property on 24-1-2001 along with the mandal Revenue Inspector and Mandal surveyor and conducted panchananama in the absence of their family members declaring to have taken possession of the land under the orders issued by the 1st respondent dated 17-12-2000 which were challenged in the Writ Petition.

( 4 ) THE learned Single Judge by the ordef under appeal dismissed the writ petition on the ground that the appellant had an alternative remedy available under section 83 of the Wakf Act.

( 5 ) THE order dated 17-12-2000 passed by the Chief Executive Officer, A. P. State Wakf board, Hyderabad reads thus: on receipt of the representation from the M. L. A. Zahirabad and the Dy. Executive Engineer, Panchayat Raj department, the Executive Officer, a. P. State Wakf Board has been deputed along with Surveyor to zaheerabad for conducting spot inspection and to submit detailed report in this matter. The Executive officer and Surveyor have conducted joint inspection on 5-12-2000 and submitted their report on 8-12-2000. According to the said report, the registered Muthawalli is S. Mahaboob ali and S. Ahmed as shown in t

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