IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 11710 of 2002 Between: MUSLIM BOARD, Inside Jamia Masjid, Rep. by its President Ahmed Baig, S/o. Rahim Baig, New Bowenpally, Pension Lane, Secunderabad. ..... PETITIONER AND The Chief Executive Officer, A.P.Wakf Board, Hyderabad. .....RESPONDENT 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 to issue appproparita writ, order or direction, espectially one in the nature of certiorari and ; (a) To vall for the records in Proceedings No.40/RR/K/02, dt. 12.6.2002 and other connected records from the Wakf Board. (b) To quashed the Proceedings No.40/RR/K/02, dt. 12.6.2002 and other connected records from the Wakf Board by declaring them as unconstitutional and illegal. (c) To direct the Respondent/Wakf Board not ot assume the direct management of the Petitioner's institution, pending disposal of the writ petition, and (d) To pass Counsel for the Petitioner:MRMOHDVASI AHMED Counsel for the Respondent No.: MR.S.M.SUBHANI (SC FOR AP WAKF BOARD) The Court made the following: THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 11710 of 2002 28-01-2009 Oral Order: This is an unusual writ petition where the petitioner styling itself a Muslim Board, claiming to be a registered society with the A.P. Wakf Board, assails the proceedings of the A.P. Wakf Board dated 12-06-2002 issued by the respondent. The impugned order states that the ten (10) Wakf Institutions viz., 1) Jamia masjid 2) Masjid-e-Noor 3) Masjid-e-Abubakar 4) Masjid-e-Omar 5) Masjid Nizamuddin 6) Farzan High School Bldg 7) Graveyard 8) Darga Syedani Bee 9) D. Hzt. Miskeen Shah Saheb and 10) Idgah Pension line situated at Boyenpally, Ranga Reddy district, which are under the Towliath of A.P.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. Neither in the pleadings accompanying the writ petition nor in the oral arguments is any legal authority for the petitioner asserted for managing these wakf institutions. According to the learned counsel for the petitioner since the Wakf Board failed to take effective steps for the management of these wakf institutions, some local members professing the Muslim faith constituted into the petitioner Board and have started managing these wakf institutions. According to the petitioner, it is entitled to notice and opportunity before the taking over of the wakf institutions by the Wakf Board and the management of its properties under Section 65 of the Wakf Act, 1995. The above is an extraordinary contention. The 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 aforementioned institutions, as per the provisions of the Wakf Act, 1995. On the aforesaid analysis, the writ petition is dismissed. No costs. ____________________ GODA RAGHURAM, J Dated: 28-01-2009 Pvks