The single judge disposed of the writ petition by directing the petitioner to utilize the statutory remedy under Section 70 of the Wakf Act, 1995 for mismanagement and closure of a related writ petition.
Petitioner directed to invoke statutory remedy under Section 70; related W.P.M.P. No.16057 closed.
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HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No.13072 of 2013
Date: September 11, 2013
Between: Shaik Khasim … Petitioner
And
1. A.P. State Wakf Board, Hyderabad, Rep. by its Chief Executive Officer & 4 others. … Respondents
HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No.13072 of 2013
O R D E R:
The petitioner is aggrieved by the inaction on the part of the Andhra Pradesh State Wakf Board in taking over direct management of the Dargah Hzt. Sonde Shaheed (Rh), Khammam. He relies on the communication dated 12.08.2011 addressed by the District Collector, Khammam, to the Chief Executive Officer, Andhra Pradesh State Wakf Board, Hyderabad, detailing the irregularities said to have been committed in the management of this Wakf institution.
2. Though contentious arguments are urged by Sri Kowturu Vinay Kumar, learned counsel for the petitioner and Sri Mir Masood Khan, learned standing counsel for the A.P. State Wakf Board, this Court is not inclined to enter into the merits of the matter.
3. Section 70 of the Wakf Act, 1995, provides that any person interested in a Wakf can submit an application to the Wakf Board supported by an affidavit to institute an enquiry into the administration of a Wakf and if the Board is satisfied that there are reasonable grounds for believing that the affairs of the Wakf are being mismanaged, the Board is empowered to take such action as it thinks fit. Rule 24 of the Andhra Pradesh Wakf Rules, 2000, deals with the procedure for institution of such enquiries.
4. In the light of the efficacious statutory remedy available to him under the Act, it is for the petitioner to invoke the same and make an application in proper format to the Andhra Pradesh State Wakf Board detailing the irregularities, including those already pointed out by the District Collector, Khammam, in his letter dated 12.08.2011 and seek appropriate action in the matter. In the event such an application is filed by the petitioner duly supported by the required affidavit, the A.P. State Wakf Board shall take necessary action in the matter as per law. This exercise shall be undertaken expeditiously and shall, in any event, be completed within three months from the date of receipt of the application of the petitioner.
5. The writ petition is accordingly disposed of. W.P.M.P. No.16057 of 2013 shall stand closed in the light of this final order. No costs.
___________________ SANJAY KUMAR, J.
Date: September 11, 2013. BSB
HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No.13072 of 2013
Date: September 11, 2013
BSB
1 issue framed by the court
Whether the petitioner can invoke the efficacious statutory remedy under Section 70 of the Wakf Act, 1995 instead of seeking direct management of the Dargah through a writ petition.
2 provisions across 2 enactments
Shaik Khasim
A.P. State Wakf Board
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
