Citation : 2023 Latest Caselaw 1556 AP
Judgement Date : 20 March, 2023
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION NO. 6810 OF 2023
JUDGMENT:-
1) Heard Sri. Mohammad Nayab Rasool, learned
Counsel for the Petitioner, Sri. A. Sanmukha Reddy,
learned Assistant Government Pleader for Respondent No.1
and Sri. Srifulla, learned Standing Counsel for Respondent
Nos. 2 and 3.
2) Challenging the constitution of the managing
committee of the Wakf Institution, namely, Dargah Hazrath
Syed Baji Baba and its attached Idgah at Vemavaram,
Kothur Tadepalli, Vijayawada Rural, NTR District, Andhra
Pradesh, vide proceedings dated 09.02.2023, and rejecting
the Petitioner's representation, dated 17.02.2023, vide
Order, dated 24.02.2023, the Petitioner filed Writ Petition
No. 5980 of 2023, which was disposed of by Order, dated
10.03.2023, with a direction to the Petitioner to approach
the Waqf Tribunal for redressal of his grievance in view of
the alternative remedy available to the Petitioner under
Section 83(2) of the Waqf Act, 1995 ['Act'].
3) Consequently, the present writ petition challenging
the Order, dated 24.02.2023, is the second writ petition
which is not maintainable in view of the Order, dated
10.03.2023, passed by the Coordinate Bench.
4) Learned Counsel for the Petitioner submits that the
Waqf Tribunal is not functional.
5) Be that as it may, on the said ground, the Writ
Petition would not become maintainable. It is for the
Petitioner to seek redressal in appropriate proceeding, but
not by way of the present writ petition.
6) Accordingly, the Writ Petition is dismissed without
any observation on the merits of the case.
7) As a sequel thereto, miscellaneous petitions, if any
pending, shall also stand closed.
________________________ RAVI NATH TILHARI, J
Date: 20.03.2023 SM/SCH
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION NO. 6810 OF 2023
Date: 20.03.2023
SM/SCH
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