IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 12753 of 2009 Between: Mohd. Abdul Masjid, Mohd. Abdul Aziz, R/o. 3-3-210, Arya Nagar, Zaheerabad, Medak District, A.P. ..... Petitioner AND 1 Union of India, Rep by its Secretary, Ministry Welfare Department, Central Secretariat, New Delhi. 2 State of Andhra Pradesh, Rep by its Principal Secretary, Minority Welfare Department, A.P. Secretariat, Saifabad, Hyderabad. 3 Andhra Pradesh State Wakf Board, Rep by its Chief Executive Officer, Office at Razzaq Manzil, Haj House, Nampally, Hyderabad. 4 Managing Committee Madina Masjid Arya Nagar, Zaheerabad Town, Medak District Rep by its President, Alhaj Mohd. Wahab, S/o. Mohd. Maroof, R/o. 3-3-210, Arya Nagar, Zaheerabad, Medak District, A.P. .....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ or writs more appropriately a writ of mandamus declaring Section 18 of the Wakf, Act, 1995 in the absence of rules, regulation, bylaws, and guidelines as illegal, void and no-nest and consequently set-a-aside the proceedings of the 3rd respondent bearing No. 1884/MDK/MC/08/Z-II dated 5-5-2009 in the interest of justice and equity; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of SRI ABDUL MUQEETH QURESHI, Advocate for the Petitioner and of Sri A. Rajasekhar Reddy, Asst. Solicitor General for the respondent No.1, and of the Govt. Pleader for Social Welfare for the respondent No.1 and of Sri Masood Khan S.C. for Wakf Board for the respondent No. 3, the Court made the following: ORDER: Heard the matter at length and the learned counsel for the petitioner, the learned Standing Counsel for the Wakf Board, learned Assistant Solicitor General and the learned G.P. for Social Welfare with regard to the constitution of the managing committees of the mosque. It is the responsibility and duty of the Board to exercise fairly and reasonably to constitute a committee, whenever it considers necessary, either generally or for a particular purpose or for any specified area or areas committees for the supervision of the Wakfs. The provisions of section 110 of the Act confers powers on the Board to make regulations with the previous sanction of the State Government, which are not inconsistent with the Act or the Rules made thereunder, for carrying out its functions. -2- In view of the provisions of section 18 conferring powers on the Board to establish the committees and section 110 conferring powers on the Board to make regulations as contemplated thereunder, in order to prevent abuse of powers and in order to exercise its powers reasonably and fairly subject to guide lines and criteria, it is highly desirable and necessary that the Board shall frame the regulations as guiding factor so as to continue the committees to be appointed under section 18 of the Act. Time for a period of two (2) weeks is hereby granted for the purpose in question. Post the matter on 26-08-2009. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1 The Secretary, Union of India, Ministry Welfare Department, Central Secretariat, New Delhi. 2 The Principal Secretary,Minority Welfare Department, A.P. Secretariat, Saifabad, Hyderabad. 3 The Chief Executive Officer, Andhra Pradesh State Wakf Board, Office at Razzaq Manzil, Haj House, Nampally, Hyderabad. 4 The Alhaj Mohd. Wahab, S/o. Mohd. Maroof, President, Managing Committee Madina Masjid Arya Nagar, Zaheerabad Town, Medak District R/o. 3-3-210, Arya Nagar, Zaheerabad, Medak District, A.P.( 1 to 4 by RPAD) 5.2 CCs to the Advocate General,High court of A.P.Hyd. (BY SPL. MESSENGER) 6. 2 CCs to the G.P. for Social Welfare, High court of A.P.Hyd.(BY SPL. MESSENGER) 7. One C.C.to Sri A. Rajasekhar Reddy, Asst. Solicitor General, High court of A.P.Hyderabad. 8. One C.C.to Sri Abdul Muqeeth Qureshi Advocate. (OPUC) 9. One C.C.to Sri Masood Khan Advocate. (OPUC) 10. 2 spare copies. HIGH COURT GM.J & NRR.J DATED 11-08-2009 POST THE MATTER ON 26-08-2009 ORDER W.P.NO. 12753 OF 2009 DIRECTION Bsr Dt. 13-8-2009 HIGH COURT GM.J & NRR.J DATED 11-08-2009 POST THE MATTER ON 26-08-2009 ORDER W.P.NO. 12753 OF 2009 DIRECTION