A.P. STATE WAQF BOARD, Vs. SHAIK ISMAIL,
LAWS(APH)-2022-1-66
HIGH COURT OF ANDHRA PRADESH
Decided on January 24,2022

A.P. State Waqf Board, Appellant
VERSUS
Shaik Ismail, Respondents

JUDGEMENT

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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