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2011 Supreme(AP) 471

High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE GODA RAGHURAM & THE HONOURABLE MR. JUSTICE P. DURGA PRASAD
Mir Qamar Hasan Razvi
Versus
A.P. State Wakf Board rep. by its Chief Executive Officer
WRIT APPEAL No. 453 of 2011
Decided on : 29-06-2011

Advocates appeared:
For the Appellant:Mohan Lal Karran Kot, Advocate.
For the Respondents: Mir Masood Khan, S.C. for Wakf Board.

Headnote:A) WAKF ACT, 1995, Section 83:- Dismissal of the writ petition on the ground that the petitioner has an efficacious alternative remdy under Section 83 of Wakf Act by an appeal to the Wakf Tribunal is justified and does not warrant any interference in an appeal against it.

Judgment

GodaRaghuram, J.

The writ petitioner is the appellant herein, who assailed in the writ petition proceedings dated 7.6.2011 of the respondent – Wakf Board taking over the Wakf Institution – Kohe-Imam-e-Zamin (AS) along with its attached properties under its direct management by invoking Section 65 of the Wakf Act of 1995, for the several reasons enumerated in the order impugned in the writ petition. For challenging the order the petitioner contended unsuccessfully before the learned single Judge, contentions reiterated in this appeal, that the Board having recognized him a hereditary mutawalli (by issuing proceedings under Section 42 of the Act) must follow the procedure contemplated under Section 64 of the said Act for his removal and since no such procedure was followed and no notice or opportunity was afforded to him, the order dated 7.6.2011 was unsustainable. The learned single Judge declined to interfere in the writ petition on the ground that the petitioner has an efficacious, speedy alternative and statutory remedy by way of an appeal to the State Wakf Tribunal under Section 83 of the Act, and declined to exercise discretion under Article 226 of the Constitution. We find no error in exercise of discretion, in the judgment under appeal, warranting interference in this appeal. The appeal is accordingly dismissed. Appellant is, however, at liberty as observed in the judgment under appeal, to approach the A.P. Wakf Tribunal under Section 83 of the A.P. Wakf Act, 1995.


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