MANAGING COMMITTEE WAKF Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner in the instant writ petition challenges the validity of G.O.Ms.No. 136, Minorities Welfare (Wakf-I) Department, dated 13-7-2000 issued by the first respondent-State Government. The same shall hereinafter be referred as the impugned order.

(2.) In the affidavit filed in support of the writ petition it is stated that originally the Jamia Mosque, Jaggayyapet. (hereinafter referred as 'the Institution') is a notified Wakf under the Towliath of one Mohd. Rafiuddin. The notified Mutawalli Mohd. Rafiuddin died on 19-10-1989 leaving behind him three daughters. The Wakf Inspector having inspected the Institution on 6-11-1993 submitted a report in this regard. The President of the Krishna District Wakf Committee by his report dated 5-1-1990 reported to the Wakf Board stating that the notified mutawalli died without any male issue. It is stated that late Mohd. Rafiuddin made a declaration to the effect that the succession in the office of the Mutawalli would be by way of election. Accordingly, a Committee was elected on 18-12-1992 consisting of seven members.

(3.) The Wakf Board by an order dated 5-1-1994 took the Mosque and the Ashoorkhana and its attached movable and immovable properties under its direct management.