THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.12017 of 2007 14th September, 2011 Between :- S.Mahaboob Basha .. Petitioner And The State of Andhra Pradesh State Wakf Board, rep.by its Chief Executive Officer, Haj House Complex, Public Gardens Road, Nampally, Hyderabad and others .. Respondents THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.12017 of 2007 ORDER:- 1. This Writ Petition has been filed by S.Mahaboob Basha assailing the memo dated 1-6-2007 vide file No.01/KNL/K/01/Z.IV issued the Andhra Pradesh State Wakf Board – R.1. 2. The case of the petitioner as set out in the affidavit filed in support of the Writ Petition, in brief, as follows:- Jamia Mosque, Gadivemula is a notified Wakf Institution published in the Gazette dated 24-10-1963 under the Towliath of 4 Muthawallies. The original Muthawallies dies and no one claimed as lineal decedents of them claiming hereditary rights. In the year 1968, the Board constituted a Managing Committee by its proceeding dated 27-5-1968. The Vice-President of the Committee constructed 13 shops to generate the income and the Wakf Board approved the construction of the shops by the Vice-President. On 19-5-2005 a Committee was constituted under the Presidentship of D.Hussain Sab. When some persons encroached the Wakf property, the committee made representation to the Wakf Board for initiation of action under Section 54 of the Wakf Act. The Wakf Board passed orders for eviction. The encroachers filed Writ Petition and obtained interim orders. The Board constituted a Managing Committee by its proceeding dated 12-3-2007. S.A.Kareem, S.A.Majeed, and S.Abdul Salam made a false complaint alleging that the petitioner occupied three shops. Basing on the said complaint, a notice came to be issued to the petitioner on 9-5-2007 directing him to submit his explanation. On 24-5-2007 the petitioner submitted his explanation stating that he is not a tenant and he is not in occupation of any of the shops and the shops have been let out to others who are paying rents. The Andhra Pradesh State Wakf Boad issued memo dated 1-6-2007 dissolving the Managing Committee and to conduct elections as per Rules. Assailing the said Memo, this Writ Petition has been filed. 3. Rule Nisi came to be issued on 22-6-2007. An interim order came to be passed on the even date, which reads as hereunder:- “The matter was heard earlier on two occasions. Today the learned Standing Counsel for A.P.Wakf Board had produced the file relating to the impugned memo dated 1-6- 2007. The report dated 30-5-2007 does not contain any findings adverse to the petitioner or other members of the committee. It only refers to a representation said to have been made to the local MLA requesting the cancellation of the present committee and constitution of another committee. The committee was constituted for a period of one year with effect from 12-3-2007. Hence, there shall be interim direction suspending the memo dated 1-6-2007 issued by the first respondent, subject to the condition that: (a) the financial affairs of the Wakf shall be under the direct control of the Inspector Auditor (Wakf), Kurnool. (b) As and when any election notification is issued, it shall be open to the petitioner to move this Court for necessary directions.” 4. When the Writ Petition came up for consideration, learned Counsel appearing for the writ petitioner and the learned standing Counsel for the A.P.State Wakf Board appearing for the 1st respondent submit that Regulations have been formulated for constitution of Managing Committee of the Wakf and these Regulations are called The Andhra Pradesh Wakfs Managing Committee (Constitution, Functions and Duties) Regulations, 2009 and therefore the Wakf Board has to constitute a Managing Committee for Jamia Mosque as per the said Regulations. 5. In that view of the matter, the Writ Petition is disposed of directing respondents No.1 and 2 to constitute a Managing Committee for Jamia Mosque in accordance with The Andhra Pradesh Wakfs Managing Committee (Constitution, Functions and Duties) Regulations, 2009. No costs. _________________________ B.Seshasayana Reddy, J 14th September, 2011 smr