A.P. STATE WAQF BOARD, Vs. SHAIK ISMAIL,
HIGH COURT OF ANDHRA PRADESH
A.P. State Waqf Board,
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PRASHANT KUMAR MISHRA, J. -
(1.) This writ appeal has been preferred by the appellant-A.P. State Wakf Board against the order dtd. 7/12/2021 passed by learned single
Judge in W.P.No.5669 of 2021.
(2.) On the strength of the order dtd. 17/12/2020 passed by the Andhra Pradesh State Minorities Commission, Mangalgiri, in Case No.95 of
2019, the 1st respondent/writ petitioner approached this Court by preferring W.P.No.5669 of 2021, in which a direction has been issued to
the official respondents to appoint the writ petitioner as Muthawalli of the
Dargah Hazarath Syed Baji Shaheed Aulia at Pedakakani village, in terms
of the order dtd. 17/12/2020 passed by Andhra Pradesh State Minorities
Commission, Mangalgiri, within a period of two months from the date of
receipt of the copy of the order.
(3.) Mr. P. Veera Reddy, learned senior counsel appearing for the appellant-Wakf Board, draws our attention to the order passed by the
learned single Judge of the composite High Court of Andhra Pradesh, on
26/8/2013 in W.P.No.9268 of 2013, which was earlier filed by the writ petitioner for similar relief, directing the A.P. State Wakf Board to pass
appropriate orders on the writ petitioner's application dtd. 29/7/2010 in
accordance with law duly taking into consideration the enquiry report
relied upon by the writ petitioner. He would submit that pursuant to the
order in W.P.No.9268 of 2013, the A.P. State Wakf Board passed orders
on 20/6/2014 rejecting the writ petitioner's application on the ground
that the Competent Civil Court and the Wakf Tribunal will have to give
findings that the writ petitioner is the lineal descendant of earlier
Muthawalli, and thereafter, instead of approaching the Civil Court or Wakf
Tribunal or filing a fresh writ petition before the High Court, the writ
petitioner waited for five long years and filed the Case No.95 of 2019
before the Andhra Pradesh State Minorities Commission, Mangalgiri, which
has passed orders on 17/12/2020 issuing directions to appoint the writ
petitioner as Muthawalli and thereafter, when the said order of the
Minorities Commission was not implemented, the writ petitioner filed
W.P.No.5669 of 2021, wherein the impugned order has been passed.;
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