IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 26059 of 2000 Between: 1 Ramineni Sambasivarao, S/o. Vengaiah, R/o. Arundelpet, 17th Line Guntur. 2 Chavali Sambasivarao, S/o. Krishnaiah, R/o. Arundelpet, 13th Line Guntur. 3 Kodipillala Thirupathayamma, W/o. Veeraiah, 12th Line, Arundelpet, Guntur. 4 Pandaraboyina hanumayamma, W/o. Subbarao, 4th Line, Srinagar, ( Cultivation), Guntur. 5 Jetti Lakshmi Devamma, W/o. Yellamanda, 13th Line, Arundelpet, Guntur. 6 Illuri Kotamma, W/o. Veeranjaneyareddy, Anjaneyapet, Koritepadu. Guntur. 7 Karasani Sarareddy, S/o. Veerareddy, Anjaneyapet, Koritepadu, Guntur. 8 Devarapu Siddamma, W/o. Venkateswarlu, Kakumanuvarithota, Guntur. 9 Vasireddy Ramarao, S/o. Radhakrishna Murthy, 3rd Line, Srinagar, Guntur. 10 Daggupai Koteswara Rao, S/o. Pitchaiah, R/o. 3rd line, Srinagar, Guntur. 11 Pulivarthi Ramu, S/o. Vengaiah, 4th line, Kakumanivarithota, guntur. 12 Bathini Venkatrao, S/o. Chengaiah, R/o. 2nd Line, Kakumanuvarithota, Guntur. 13 Bathini Chandraiah, S/o. Chengaiah, R/o. 4th line, Kakumanuvatithota, Guntur. 14 Mancha Bhagyamma, W/o. Gelaiah, R/o. Amaravathi Road, Guntur. 15 Ganta Sanjeevarao, S/o. Kotaiah, R/o. 17th Line, Arundelpet, guntur. 16 Mancha Ramakotaiah, S/o. Galaiah, R/o. Amaravathi Road, Guntur. 17 Mekapati Sarojini, W/o. Ramarao, R/o. 16/3, Arundelpet, Guntu. 18 Bandarupalli Venkateswarlu, S/o. chimpiraiah, R/o. 4th line, Srinagar, Guntur. 19 Mekapati Radhakrishna Murthy, S/o. Narasaiah, R/o. 16/3, Arundelpet, Guntur. 20 Valluri Aruna, W/o. Nageswara Rao, R/o. 16/2, Arundelpet, guntur-2. 21 Nelluri Lakshmaiah, S/o. Ayyanna, R/o. Amaravathi Road, Anjeneyapet, Guntur. 22 Tiyyagara Kotireddy, S/o. Mamireddy, Postal Colony, guntur. 23 Pasmmarthi Yesamma, W/o. Peter Paul, R/o. Arundathinagar, Guntur. 24 Nanneboyina Nanamma, w/o. Guravaiah, R/o. Amsravathi Road, Koritepadu, guntur. 25 Thirumalasetty Sambaiah, S/o. Venkaiah, Vasantharayapuram, Guntur. 26 Karasani Srinivasa Reddy, S/o. Kamachandreddy, Anjaneyapet, Koritepadu, Guntur. 27 Gottipati Subbamma, W/o. Roasaiah, Vasantharayapuram, guntur. 28 Gottipati Venkatarao, S/o. Rossaiah, Vasantharayapuram Guntur. 29 gottipati Venkateswarlu, R/o. Rosaiah, 30 Tiyyagura Sllareddy, S/o. Kotireddy, Vidyanagar, 1st Line, Guntur. 31 Hanne Seethamma, W/o. Ramaiah, Chandramoulinagar, Guntur. 32 Ganta Bollaiah, S/o. Kotaiah, 17th Line, Yanduganganagar, Guntur. 33 Shaik Khadarvali, \S/o. Peer Saheb, Amaravathi road, Moritepadu, guntur. 34 Muvva Anjireddy, S/o. Subba Reddy, Amaravathi Road, Moritepadu, Guntur. 35 Venga Veerareddy, S/o. Sambireddy, Koritepadu, guntur. 36 K. Koteswara Rao, S/o. Pothuraju, R/o. Near Anjaneyaswamy Temple, Amaravathi Road, Guntur. 37 Muvva Vijayalakxhmi, W/o. Veeraiah, Near Anjaneyaswamy Temple, Amaravathi Road, Guntur. 38 Nekela Lingiah, S/o. Galaiah, Anjaneyaswamy Temple, Amaravathi Road, Guntur. 39 Kothari Venkata Seethravamma, W/o. Poornachandraiah, R/o. Koritepadu, Guntur. 40 Kalari Sambasivarao, S/o. Krishnaiah, 2nd Line, Srinagar, Guntur. 41 Molakalapalli Sreeramulu, S/o. Lakashminarasaiah, Anjaneyapet, Koritepadu, Guntur. 42 Illuri Srinivasa Reddy, S/o. Surareddy, Amaravathi Road, Guntur. 43 Chilakalapati Masthanvali, S/o. Alli Saheb, Sarada Colony, Guntur. 44 Shaik Sydulu, S/o. Masthan Saheb, R/o. Arundhatinagar, Guntur. 45 Vinukonda Vemaiah, S/o. Veeraiah, R/o. Bongaralabeedu, Guntur. 46 Bathula Venkateswarlu, S/o. Veeraiah, 2nd Line, Srinagar, Guntur. 47 Bathina Krishna, S/o. Chandraiah, Kakumanuvarithota, Guntur. 48 Pandaraboyina Srinivasa Chakravarthi, S/o. Subba Rao, 4th Line, Srinagar, Guntur. 49 Pandaraboyina Naga Sai Krishna, S/o. Subbarao, 4th Line, Srinagar, Guntur. 50 Ganta Sambasivarao, S/o. Kotaiah, 17th Line, Arundelpet, guntur. 51 Valluri Srinivas, S/o. Seetharamaiah, 16th Line, Arundelpet, guntur. 52 ganta Veerabhadraiah, S/o. Kotaiah, 53 Ganta Sivaiah, S/o. Kotaiah, 48 17th Line, Arundelpet, Guntur. 54 Anchuri Bayapareddy, s/o. Mopura Reddy, R/o. Reddipalem, Guntur. 55 Anchuri Narisi Reddy, S/o. Subbareddy, Reddipalem, guntur. 56 Konda Gangireddy, S/o. Mpura Reddy, Reddipalem, Guntur. 57 Anchuri Samireddy, S/o. Venkatareddy, Reddipalem, Guntur. 58 Konda LInga Reddy, S/o. Obul Reddy, Reddipalem, Guntur. 59 Konda Narisi Reddy, Sambireddy, Reddipalem, Guntur. 60 Lebakula Surreddy, S/o. China Kotireddy, Reddipalem, Guntur. 61 Thalla Krishna, S/o. China Kotireddy, Reddipalem, Guntur. 62 Bandi Narisi Reddy, Ramana Reddy, Reddipalem, Guntur. 63 Konda Venkata Narisi Reddy, S/o. Linga Reddy, Reddipalem, Guntur. 64 Lebakula Sambireddy, S/o. Peda Kotireddy, Reddipalem, Guntur. 65 Konda Sambireddy, S/o. Narisi Reddy, Reddipalem, Guntur. 66 Lebakula Venkata Reddy, S/o. Peda Kotireddy, R/o. Reddypalem, Guntur. 67 Panga Rosireddy, S/o. Krishna Reddy, R/o. Reddypalem, Guntur. 68 Tamatam Venkata Sivaiah, S/o. Atchaiah, R/o. Reddypalem, Guntur. 69 Tamatam Subba Rao, S/o. Sambaiah, R/o. Reddypalem, Guntur. 70 Velpula Venkateswarlu, S/o. Subbaiah, R/o. Reddypalem, Guntur. 71 Krosuru Peda Narasimhulu S/o. Lakshminarasaiah, R/o. Reddypalem, Guntur. 72 Venga Venkata Reddy, S/o. Hanimireddy, R/o. Reddypalem, Guntur. 73 Vanga Venkata Reddy, S/o. Narasi Reddy R/o. Reddypalem, Guntur. 74 Alla Lalitha, W/o. Akkireddy, R/o. Reddypalem, Guntur. 75 Gadam China Subbarao, S/o. Lakshmaiah, R/o. Reddypalem, Guntur. 76 Gadam China Subbarao, S/o. Lakshmaiah R/o. Reddypalem, Guntur. 77 Parvatham Venkata Reddy, S/o. Lingareddy, R/o. Reddypalem, Guntur. 78 Konda Venkata Reddy, S/o. Linga Reddy, R/o. Reddypalem, Guntur. 79 Chevitipalli Sambireddy, S/o. Bangarureddy, R/o. Reddypalem, Guntur. 80 Chevitipalli Subba Reddy, S/o. Bangaru Reddy, R/o. Reddypalem, Guntur. 81 Chevitipalli Gurava Reddy, S/o. Bangarureddy, R/o. Reddypalem, Guntur. 82 Vintha Venkateswara Reddy, S/o. Lakshmareddy, R/o. Reddypalem, Guntur. 83 Vintha Akkireddy, S/o. Lakshmareddy, R/o. Reddypalem, Guntur. 84 Eeeda Bapi Reddy, S/o. Parusuramireddy R/o. Reddypalem, Guntur. 85 Rappula Anireddy, S/o. Veera Reddy, R/o. Reddypalem, Guntur. 86 Parvatham Chinna Guravareddy, S/o. Ramireddy, R/o. Reddypalem, Guntur. 87 Pappula Narednera Reddy, S/o. Ratna Reddy, R/o. Reddypalem, Guntur. 88 Vintha Venkateswara Reddy, S/o. Lakshmareddy, R/o. Reddypalem, Guntur. 89 Konda Narisi Reddy, S/o. Linga Reddy, R/o. Reddypalem, Guntur. ..... PETITIONER(S) AND 1 the Govt of A.P., rep. by its Prl. Secretary, Secretariat, Hyderabad. 2 The A.P. State Wakf Board, Nampally, Hyderabad, rep. by its Chief Executive Officer. 3 V.G.T.M.U.D.A. V. Vijayawada, rep. by its Vice Chairman. 4 M.A. Azeem Baig, S/o. Karim Baig, R/o. Big Mosque, Lalapet, Guntur. 5 The Collector, Guntur District, Guntur. 6 Abdul Alim Baig, S/o. Mohd. Ibrahim Baig, H.No. 1-99, 2nd Ward, Kothapet, Mangalagiri, Guntur District. ( R-6 is impleaded as per C.O. dt. 16.12.2004, in WPMP.3625 of 2004. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to Counsel for the Petitioner:MR.G.PEDDA BABU Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.26059 OF 2000 ORDER: The relief sought for in this Writ Petition is to declare G.O.Ms.No.163 dated 28.09.2000 as arbitrary, illegal and without jurisdiction and, consequently, to set aside the same. The petitioners claim to be cultivating tenants of an extent of Ac.186.57 of land belonging to the Big Mosque in Guntur town. It is wholly unnecessary to refer to the history of the litigation, as narrated in the aﬃdavit, as the question which necessitates examination is only with regards the validity of G.O.Ms.No.163, Minor Welfare (Wakf.I) Department, dated 28.09.2000, whereby the Government ordered alienation of the said extent of 186.57 acres of wakf land under the Big Mosque, in Survey Nos.234 to 245, 248 to 250 at Reddypalem village, Guntur District, in favour of the Vijayawada-Guntur-Tenali-Mangalagiri Urban Development Authority subject to the following conditions: (i) The Vijayawada-Guntur-Tenali-Mangalagiri Urban Development Authority shall make payment at the rate of Rs.8.00 lakhs per acre to the A.P.State Wakf Board in one lumpsum; (ii) The Vijayawada-Guntur-Tenali-Mangalagiri Urban Development Authority should dispose the land through public auction after developing the same for residential purpose; (iii) The A.P.State Wakf Board shall return the deposit amount of Rs.1.00 lakh with current Bank interest to the Z.P.Teachers’ Co-operative House Building Society Limited, Guntur. (iv) The A.P.State Wakf Board shall plan for proper utilization of the sale proceeds in consultation with the Government preferably by depositing the same in a Nationalized Bank as fixed deposit. The State Wakf Board was directed to give its consent, to the conditions mentioned in the order, by way of a resolution and the Collector, Guntur was asked to take necessary immediate action to evict the encroachers from the said wakf land. This order came to be passed on a letter being addressed by the Chief Executive Oﬃcer, A.P.Wakf Board on 27.03.1997 requesting the Government to accord permission to dispose of 186.57 acres of wakf land belonging to the Big Mosque in the interest of protecting wakf property from the hands of land grabbers. The Government, vide memo dated 30.07.1997, directed the Chief Executive Oﬃcer to publish a notiﬁcation in the oﬃcial gazette duly following the procedure prescribed under Section 52 of the Wakf Act for the sale of the said wakf land before sending proposals to the Government. Thereafter, a notiﬁcation is said to have been issued under Section 51 (2) and proposals, in proceedings dated 19.06.1998, were sent seeking permission of the Government for sale of wakf land of 186.57 acres through “open auction”. Another proposal was sent on 22.10.1998 requesting the Government to allot 50 acres, out of the total extent of 186.57 acres of wakf land under the Big Mosque to the Z.P.School Teachers’ Cooperative House Building Society for house sites as per the prevailing rate as the Z.P. Teachers’ Society had earlier participated in the open auction conducted by the Wakf Board and had deposited Rs.1,00,000/- in the year 1982. The G.O. takes note of the fact that the said auction was cancelled by the A.P.State Wakf Board on the ground that the bid rate quoted by the Teachers Association was a lower quotation. The order of the Government is impugned in the present writ petition mainly on the ground that the conditions prescribed under Section 51 of the Wakf Act were not complied with. Sri G.Peddababu, learned Counsel for the petitioners, would point out that, while Section 51 (2) requires sale of wakf property to be eﬀected only by way of public auction, and the power to permit sale otherwise than by way of auction has been conferred only on the Tribunal, the impugned order of the Government directing the A.P.State Wakf Board to alienate wakf land to the Vijayawada-Guntur- Tenali-Mangalagiri Urban Development Authority was without jurisdiction as it was ultravires Section 51 of the Act. Sri S.M.Subhani, learned Standing Counsel for the Wakf Board, would contend that the Board had sought permission of the Government only for sale by way of public auction and that the impugned order, directing alienation of wakf lands in favour of the Urban development authority, was not at the behest of the Board. Learned Government Pleader for Minority Welfare would, however, contend that the action of the Government in so directing the Wakf Board was referable to Section 97 of the Wakf Act. He would submit that the previous auction conducted by the Board fetched a meager amount of Rs.1,00,000/- and that the Government, with a view to protect the interests of the wakf, had directed alienation of land in favour of the Urban development authority at a far higher price of Rs.8,00,000/- per acre. He would further submit that, while the land was directed to be alienated to the Urban development authority, the Government had ensured compliance of the statutory provisions under the Wakf Act in prescribing the condition that the Urban development authority, while alienating the property in its turn, could do so only by way of public auction and not otherwise. Learned Government Pleader would further contend that the petitioners, being encroachers on the said land, did not have the locus standi to ﬁle the present writ petition and that it was a matter purely between the Wakf Board and the Government. The Wakf Act 1995, has been enacted by Parliament to provide for the better administration of wakfs and for matters connected therewith or incidental thereto. Under Section 13(1) of the Act, the State Government is empowered, by a notiﬁcation in the oﬃcial gazette, to establish a Board of Wakfs. Section 32 relates to the powers and functions of such a Board and, under sub-section (1) thereof, the general superintendence of all wakfs in the State vest with the Board and it shall be the duty of the Board to exercise its powers under the Act to ensure that the wakfs, under its superintendence, are properly maintained, controlled and administered. Under the proviso to Section 32(1) the Board, while exercising its powers under the Act in respect of any wakf, is required to act in conformity with the directions of the Wakif, the purposes of the wakf and any usage or custom of the Wakf sanctioned by the school of Muslim law to which the wakf belongs. Section 32(2)(b) requires the Board to ensure that the income and other property of the wakf is applied to the objects and for the purposes for which such wakf was intended or created. Section 33 confers powers of inspection on the Chief Executive Oﬃcer and, under Section 34, where a mutawalli or any other person, who has been ordered to restore possession of wakf property, fails to so restore, the Chief Executive Oﬃcer, with the prior approval of the Board, is empowered to take steps for recovery of possession of the property as also to send a certiﬁcate to the Collector of the District who is required to take necessary steps for such recovery. Section 35(1) empowers the Chief Executive Oﬃcer of the Board to apply to the Tribunal for conditional attachment of the property if he is satisﬁed that the person who has been ordered to restore the property is about to dispose of the property with the intention of defeating its execution. Sub-section (4) empowers the Tribunal to direct conditional attachment of the whole or any portion of the property. Section 36 relates to registration of wakfs and, under sub-section (1), every wakf, whether created before or after commencement of the Act, shall be registered at the oﬃce of the Board. Under Section 37(d), the Board shall maintain a register of wakfs which shall contain particulars of the property of the wakfs and the title deeds and documents relating thereto. Under Section 40(1), the Board is empowered to collect information regarding any property, which it has reason to believe to be wakf property, and, if any question arises whether a particular property is wakf property or not, the Board may, after making such inquiry as it may deem ﬁt, decide the question. Under sub- section (2) the decision of the Board, on a question under sub- section (1) shall, unless revoked or modiﬁed by the Tribunal, be ﬁnal. Section 44 requires every mutawalli of a wakf to prepare a budget and such budget is required to make adequate provisions, under sub-section (2)(ii), for the maintenance and preservation of wakf property. Under Section 51 alienation of wakf property without sanction of the Board is void. Section 52 empowers the Board to recover wakf property transferred in contravention of Section 51. Section 54 empowers the Chief Executive Oﬃcer to remove encroachments from wakf property. Section 55 relates to enforcement of orders made under Section 54 and Section 56 restricts the power of the Board to grant lease of wakf property. Under Section 61(1) (d) and (e), if a mutawalli fails to allow inspection of wakf properties, accounts, records or deeds and documents relating thereto or to deliver possession of any wakf property, if ordered by the Board or the Tribunal, he is liable to be punished with imposition of ﬁne which may extend to Rs.8000/-. Section 96 confers powers on the Central Government to regulate the secular activities of wakfs. Under Section 107, nothing contained in the Limitation Act shall apply to any suit for possession of immovable property comprised in any wakf or for possession of any interest in such property and, as a result, possession of immovable wakf property can be recovered at any time. Whatever be the dispute regarding the nature of possession by the petitioners herein, whether they are cultivating tenants as contended by Sri G.Peddababu, learned Counsel for the petitioners, or encroachers as contended by the learned Government Pleader, the fact remains that the petitioners are in possession of the land and the impugned order directing their eviction, if not authorized by the provisions of the Act, would undoubtedly entitle them to question the same in the present writ proceedings. It is not necessary for this Court, for the purposes of the present writ petition, to examine whether or not the petitioners are encroachers for, even if they were so, they can only be evicted in accordance with the provisions of Section 53 and 54 of the Act and not at the dictates of the Government by way of an executive order. Section 51 of the Act reads thus: “51 Alienation of wakf property without sanction of Board to be void (1) Notwithstanding anything contained in the wakf deed, any gift, sale or exchange mortgage of any immovable property which is wakf property, shall be void unless such gift, sale, exchange or mortgage is eﬀected with the prior sanction of the Board : Provided that no mosque, dargah or khangah shall be gifted, sold, exchanged or mortgaged except in accordance with any law for the time being in force. (2) The Board may, after publishing in the Oﬃcial Gazette, the particulars relating to the transaction referred to in sub- section (1) and inviting any objections and suggestions with respect thereto and considering all objections and suggestions, if any, that may be received by it from the concerned mutawalli or any other person interested in the wakf, accord sanction to such transaction if it is of opinion that such transaction is- (i) necessary or beneficial to the wakf; (ii) consistent with the objects of the wakf; (iii) the consideration thereof is reasonable and adequate: Provided that the sale of any property sanction by the Board shall be eﬀected by public auction and shall be subject to conﬁrmation by the Board within such time as may be prescribed: Provided further that the Tribunal may, on the application of the aggrieved mutawalli or other person, for reasons to be recorded by it in writing permit such sale to be made otherwise than by public auction, if it is of opinion that it is necessary so to do in the interest of the wakf. (3) The utilization or investment of the amount realized by the sale or exchange mortgage of any property shall be made by the mutawalli subject to the approval of the Board, and where any amount has been raised by mortgage of any such property, the mutawalli or other person shall make repayment of the mortgage- debt and obtain a discharge of the mortgage-debt from the mort- gage within such reasonable time as the Board may specify. (4) Every approval given by the Board under sub-section (3) shall be communicated to the mutawalli and shall also be published in the manner prescribed. (5) The mutawalli or any other person having an interest in the wakf who is aggrieved by the decision given under sub-section (3), may, within ninety days from the date of communication to him of such decision or the publication of the decision, as the case may be, prefer an appeal to the Tribunal against such decision and thereupon, the Tribunal may, after giving the appellant and the Board, a reasonable opportunity of being heard, conﬁrm, modify or set aside such decision. Sale of immovable Wakf property can be eﬀected, under Section 51 of the Act, only with the prior sanction of the A.P. State Wakf Board. The Board is required, under Section 51(2), to form its opinion that the sale transaction is (i) necessary or beneﬁcial to the wakf; (ii) consistent with the objects of the wakf; and (iii) the sale consideration is reasonable and adequate. In the formation of opinion regard must be had to the factors enumerated in the Section together with all other factors relevant for exercise of that power. Formation of opinion must be based on objective considerations. (India Cement Ltd. Vs. Union of India[1], Rajesh Kumar Vs. Dy. CIT [2]). There must exist circumstances which, in the opinion of the Authority, suggest what has been set out in the Section. Existence of the circumstances mentioned in the Section is a condition precedent for formation of the required opinion and, if the existence of those conditions is challenged, Courts are entitled to examine whether those circumstances existed when the order was made. (Rohtas Industries Ltd Vs. S.D. Agarwal [3]). If it is shown that the circumstances do not exist, or that they are such that it is impossible for any one to form an opinion therefrom, the opinion can be challenged on the ground of non-application of mind or perversity or on the ground that it was formed on collateral grounds and was beyond the scope of the Statute. (Barium Chemicals Ltd. Vs. Company Law Board[4]). Under Section 51(2), even on sanction being accorded by the Board after formation of the requisite opinion, the immovable property can be sold only by public auction. The Sale has also to be conﬁrmed by the Wakf Board within one month from the date of public auction as stipulated under the proviso to Section 51(2) read with Rule 12 (1) of the Rules. An additional safeguard is provided under Rule 12 (1) in that prior sanction of the government is required for the sale of the Wakf property. Rule 12 (1) cannot be read in isolation and must be construed harmoniously with Section 51 of the Act, for it is a well settled principle of interpretation of statutes that the conferment of rule-making power by an Act does not enable the rule-making authority to make a rule which travels beyond the scope of the enabling Act or which is inconsistent therewith or repugnant thereto. (State of Karnataka Vs. H. Ganesh Kamath[5]). Rules can neither be framed as not to carry out the purposes of the Act not can it be in conﬂict therewith. (Laghu Udyog Bharati Vs. Union of India[6]) . A rule must also conform to the provisions of other Acts. Subordinate legislation cannot violate plenary legislation. (Kerala Samsthana Chethu Thozhilali Union Vs. State of Kerala[7]). A protection given by the statute cannot be nulliﬁed by rules and regulations authorised by the statute itself. (Management of D.T.U. Vs. Shri B.B.L. Hajelay[8]). When Rule 12(1) is so read in conjunction with Section 51, sale of Wakf property by the Wakf Board being subject to the prior sanction of the Government would be a statutory restriction in addition to those mandated under Section 51 of the Act. Neither the Wakf Board nor the Government have been conferred the power to relax the riguor of Section 51 of the Act and to sell immovable Wakf property otherwise than by public auction. It is only the Wakf Tribunal, as constituted under Section 83(1) of the Act, which is empowered under the second proviso to Section 51(2) to grant such permission. The power of the Tribunal to accord permission is also not unfettered but is circumscribed by the requirement of recording reasons and formation of the opinion that permission to sell immovable property, otherwise than by public auction, is necessary in the interest of the wakf. These stringent safeguards, prescribed under the Act and the Rules, emphasize that the interest of the Wakf is paramount and ensure that valuable immovable Wakf properties are not squandered away. As noted hereinabove, among the conditions precedent, for the valid sale of wakf lands under Section 51 of the Act, is the formation of the opinion by the State Wakf Board that the consideration for sale of wakf property is reasonable and adequate. The most eﬀective manner of ensuring compliance of this condition is sale of wakf lands by public auction. Not only would such a mode be transparent it would, by its being held in open public view and gaze, and its being subjected to public scrutiny, also ensure that the best possible price is received on the sale of such lands. The ﬁrst proviso to Section 51(2) of the Act, which seeks to achieve this salutary public purpose of securing the best price possible on the sale of wakf lands, is mandatory and cannot be dispensed with. The power conferred on the State Government, under Section 97 of the Act, to issue general or special directions to the Board can only be to act in accordance with the provisions of the Act and not contrary thereto, for it is well settled that the discretionary power conferred under a statute must be exercised only in furtherance