MOHD KAMALUDDIN Vs. A P STATE

JUDGEMENT

(1.) This writ petition is filed complaining against the A.P. State Wakf Board, the 1st respondent herein in failing to initiate enquiry against the 2nd respondent herein under the provisions of Sections 70 and 71 of the Wakf Act, 1995. The 2nd respondent herein is said to be the Mutawalli of Dargah Hzt. Yusufain, situated at Nampally, Hyderabad. The petitioner submitted an application in the prescribed manner to the Board on 7.11.2006 making certain allegations that the 2nd respondent had allotted land for four graves after receiving Rs. 1,00,000/- each and desecrated other graves with a mala fide intention to sell the land to others. It is alleged that 2nd respondent is not protecting the graveyard and is acting against the interests of the institution. He therefore sought for an enquiry and for appropriate action under Sections 70 and 71 of the Act. As the 1st respondent failed to initiate action, the petitioner has filed this writ petition.

(2.) The 1st respondent though expected to file counter, has not filed the counter-affidavit even after lapse of five years. Unfortunately, even the learned Standing Counsel is also not present though his name has been shown in the cause list. Similarly, the 2nd respondent also has not filed counter-affidavit and his advocate is also not present though his name is also shown in the cause list.

(3.) The material filed before this Court shows that the petitioner submitted the complaint through a sworn affidavit on 7.11.2006 duly paying the requisite amount through his Counsel Sri I.M. Sabry.