On the expiry of the term of the Managing Committee, the Court directed the Wakf Board to appoint a new committee within four weeks and administer the Wakf institution pending finalization.
Direction to Wakf Board to appoint new Managing Committee within four weeks and administer the institution pending finalization.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
MONDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWELVE
PRESENT
THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR
CIVIL REVISION PETITION No.1845 of 2012
BETWEEN
Managing Committee Madina Masjid, Secunderabad and others.
... PETITIONERS
AND
Khaja Mohinuddin and another.
...RESPONDENTS
Counsel for the Petitioners: MR. M.A.K. MUKHEED Counsel for the Respondents: MR. SRINIVASA RAO BODDULURI The Court made the following:
ORDER:
First petitioner herein is the Managing Committee appointed by the Wakf Board to manage the wakf institution, in question i.e. Madina Mosque, Secunderabad and petitioners 2 to 9 are the members of the committee. The appointment of the first petitioner committee was challenged in O.A.No.34 of 2010 before the Wakf Tribunal, Hyderabad and the said OA, on contest, was allowed on 06.02.2012 setting aside the appointment of the said managing committee and the Wakf Board was directed to make necessary arrangement for management of the said mosque and also to take
appropriate steps for election and appointment of new managing committee in accordance with the Wakf Act, 1995.
2. As against the said order of the tribunal, this revision is preferred and by order dated 20.04.2012, this Court suspended the order of the tribunal in O.A.No.34 of 2010. The respondents/petitioners before the tribunal below have filed an application CRPMP.No.3771 of 2012 seeking vacation of the said order.
3. It now transpires and fairly submitted by the learned counsel for the petitioners that the term of the first petitioner managing committee under order dated 29.10.2010 was itself for a period of two years and the said period has expired during the pendency of this revision petition and even otherwise the managing committee cannot be said to be holding office on account of efflux of time. It is also evident now that as the term of the managing committee expired,
the Wakf Board will have to take appropriate steps to have-in-place a new managing committee.
4. In view of the above, it is not necessary to adjudicate upon this revision petition. However, it is appropriate to direct the Wakf Board to forthwith take appropriate steps for appointment of new managing committee, as directed by the tribunal below, for the wakf institution, in question, by considering the eligibility of all interested persons including the petitioners and the respondents and take appropriate decision in accordance with the Wakf Act within a period of four (4) weeks from the date of receipt of a copy of this order.
The civil revision petition is accordingly disposed of. However, pending finalization of the new managing committee, the Wakf Board shall administer and manage the wakf institution, in question, by taking over the institution under direct management. As a sequel, the
miscellaneous applications, if any, shall stand closed. There shall be no
order as to costs.
_____________________ VILAS V. AFZULPURKAR, J
November 5, 2012 DSK
1 provisions across 1 enactments
Managing Committee Madina Masjid, Secunderabad and others
Khaja Mohinuddin and another
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
