IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 432 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 28/01/2009 in WP No.11710/2002 on the file of the High Court.) Between: Rep. by its President Amjad Hussain, S/o. Talib Hussain, MUSLIM BOARD, Inside Jamia Masjid, New Bowenpally, Pension Lane, Secunderabad. ..... APPELLANT AND The Chief Executive Officer, A.P.Wakf Board, Hyderabad. .....RESPONDENT Counsel for the Appellant: MR.WASIM AHMED KHAN Counsel for the Respondent: MR.M.A.K.MUKHEED The Division Bench of this (Full text of judgment Court made the following : follows 2nd page) THE HON'BLE MRS JUSTICE T.MEENA KUMARI A N D THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL No.432 of 2009 J U D G M E N T (Per the Hon’ble Smt. Justice T.MEENA KUMARI) This writ appeal is filed against the order dated 28-01-2009 in WP.No.11710 of 2002 passed by the learned single Judge, whereby the learned single Judge dismissed the writ petition holding that the writ petitioner has no legal authority nor entitlement to manage Wakf Institutions and therefore is not entitled to any opportunity or notice before the A.P.Wakf Board exercises its statutory authority and executes its statutory functions of managing the wakf properties of the wakf institutions, as per the provisions of the Wakf Act, 1995. 2. The writ petition was filed by the petitioner styling itself a Muslim Board, claiming to be a registered society with the AP Wakf Board, assails the proceedings of the AP Wakf Board dated 12-6- 2002 issued by the respondent. The impugned order states that ten wakf institutions; namely, Jamia Masjid, Masjid-e-Noor, Masjid-e- Abubakar, Masjid-e-Omar, Masjid Nizamuddin, Farzan High School Building, Graveyard, Darga Syedani Bee, Darga Hazarath Miskeen Shah Saheb and Idgah Pension line situated at Boyenpalli, Ranga Reddy district, which are under the Towliath of the AP State Wakf Board, Hyderabad and are wakf institutions covered by the Survey Commissioner of Wakf at Serial Nos. 17, 18 and 24 are being managed by the petitioner, a self styled institution without any authority of law; the respondent has therefore, directed that the above mentioned wakf institutions and their attached property be taken over under the direct management of Wakf Board under section 65 of the Wakf Act, 1995 pending ratification by the Wakf Board. The learned single Judge after perusing the material on record found that the petitioner is not authorized to manage the properties, therefore, disinclined to interfere. Against which, the present writ appeal is preferred. Even before this court, there is no material to show that the appellant is authorized to lookafter the properties as averred in the writ petition. In the absence of any material on record, we are in agreement with the views expressed by the learned single Judge in observing that that the appellant-writ petitioner has no legal authority nor entitlement to manage Wakf Institutions and therefore is not entitled to any opportunity or notice before the A.P.Wakf Board exercises its statutory authority and executes its statutory functions of managing the wakf properties of the wakf institutions, as per the provisions of the Wakf Act, 1995. The appellant has no locus or entitlement to manage wakf institutions as averred in the affidavit filed in support of the petition. The writ appeal is devoid of merit and the same is liable to be dismissed at the admission stage. 3. Accordingly, the writ appeal is dismissed. No costs. ________________________ JUSTICE T. MEENA KUMARI. ____________________________ JUSTICE VILAS V.AFZUL PURKAR. 27-04-2009. I s L