Allowed

Mulla Khaja Hussain v. Andhra Pradesh State Wakf Board, rep.by its

Telangana HC25 Sept 2012WP/14430/2007

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the District Collector's proceedings directing police to maintain law and order at a Wakf Mosque premises. The Court held that while the Collector cannot interfere with the day-to-day administration of Wakf institutions under the Wakf Act, 1995, the direction to maintain law and order was valid.

What did the court decide?

W.P.M.P.No.18128 of 2007 dismissed; writ petition disposed of clarifying the District Collector's powers.

Mulla Khaja Hussain Vs Andhra Pradesh… — Pension and Retirement Benefits | Telangana HC (2012)

¶1

THE HON’BLE SRI JUSTICE NOUSHAD ALI

¶2

WRIT PETITION No.14430 of 2007

¶3

Date: 25.09.2012

¶4

Between :

¶5

Mulla Khaja Hussain

¶6

… Petitioner

¶7

and

¶8

A.P. State Wakf Board, rep. by its Chief Executive Officer, Haj House Complex, Nampally, Hyderabad and others.

¶9

… Respondents

¶10

THE HON’BLE SRI JUSTICE NOUSHAD ALI

¶11

WRIT PETITION No.14430 of 2007

¶12

ORDER :

¶13

The petitioner, who claims to be the Trustee of Jamia Mosque, Veldurthy Mandal, Kurnool District, has filed this writ petition challenging the proceedings No.E8/2425/2006, dated 12.6.2007 of the 2^nd respondent-District Collector, Kurnool District, whereunder he has directed the 5^th respondent-SubInspector of Police, Veldurthy Police Station to maintain law and order in the premises of the land in Sy.No.648/3 by restraining

¶14

Jamia Mosque Development Committee, as arbitrary and illegal.

¶15

2. According to the petitioner, the subject property consisting of shops bearing Nos.13/67 to 13/67/11 is attached to Jamia Mosque and as such the affairs of the Mosque and the property is being managed by the Trust, namely Jamia Masjid Development Association.

¶16

3. There is a serious dispute as to whether the subject property is attached to Jamia Mosque or Idgah Mosque. However, the property has been registered as attached to Idgah Mosque vide proceedings of the A.P. State Wakf Board in File No.28/B1/Reg./Kul/2005, dated 1.12.2005. The petitioner challenged the said proceedings in W.P.No.3211 of 2007, which is dismissed today as not pressed giving liberty to the petitioner to avail appropriate remedy before the A.P. State Wakf Tribunal.

¶17

4. As the matter stands today, as regards the property attached to Idgah Mosque, Jamia Masjid Development Association is not entitled to manage the affairs of the subject property. Taking into consideration the disputes between the petitioner and the 6^th respondent-Idgah Mosque, the District Collector has issued the impugned proceedings.

¶18

5. It may be noted that although the District Collector, being the District Magistrate, is justified in ensuring land and order, it cannot be said that he is competent to interfere with the day-today administration of the Wakf institutions. The rights of the parties to manage the Wakf institutions depend on the provisions of the Wakf Act, 1995 and the investiture of power by the A.P. State Wakf Board. If there are conflicting claims, it is again the Wakf

¶19

Board, which is competent to intervene and resolve the issue. Hence, the impugned order, to the extent of interfering with the management of the institution, must be held to be not sustainable. In other respects, namely maintenance of law and order, it must be held to be legal and valid.

¶20

6. For the aforesaid reasons, this writ petition is disposed of making it clear that it is competent for the 2^nd respondent-District Collector to ensure law and order and, at the same time, not to interfere with the day-today administration of the subject institution. As a sequel, W.P.M.P.No.18128 of 2007 is dismissed. No order as to costs.

¶21

_________________________ JUSTICE NOUSHAD ALI 25.09.2012 Msr

¶22

THE HON’BLE SRI JUSTICE NOUSHAD ALI

¶23

WRIT PETITION No.14430 of 2007

¶24

25.09.2012

¶25

Msr

Mulla Khaja Hussain v. Andhra Pradesh State Wakf Board, rep.by its

Case brief

What is this about?

What did the court decide?

Mulla Khaja Hussain v. Andhra Pradesh State Wakf Board, rep.by its

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

R.Ramachander Rao, Vs Government of Andhra Pradesh, Rep. by its Principal

P.Rama Rao, Vs The Member Secretary

Kothari Industrial Corporation Limited, Vs Union Of India

Smt.Y.v.Sudharani Vs The Secretary to Government, Housing Department

M/s. Sri Veera Bhramendra Swamy Vs The Government of Andhra Pradesh

Mulla Khaja Hussain, Vs A.P. State Wakf board