RUKUDDIN AHMED Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) THE petitioner in the instant writ petition invokes the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India and challenges the proceedings dated 10.12.1999 of the 1st respondent – Chief Executive Officer A.P. State Wakf Board appointing an enquiry officer to conduct detailed enquiry under Section 71 of the Wakf Board Act 1995 against the petitioner herein.

(2.) THE petitioner herein is Muthawalli of Sir Nizamath Jung Wakf, Madina Mansions. The 3rd respondent herein has made an application to the Wakf Board complaining about the mismanagement by the petitioner herein. As the wakf Board failed to act in the matter he filed WP No.20785 of 1999 in this Court. This Court by an order dated 11.10.1999 disposed of the writ petition directing the 3rd respondent to make an appropriate application under Section 70 of the Wakf Act 1995 (for short 'the Act ') to the Wakf Board and the Wakf Board was also directed to initiate appropriate action within four weeks from the date of receipt of such an application. Thereafter, the 2nd respondent herein appears to have made an application as per the directions of this Court on 2.12.1999.

(3.) SECTION 70 of the Wakf Act, 1995 provides that any person interested may make an application to the Board supported by an affidavit to institute an enquiry relating to the administration of the wakf and if the Board is satisfied that there are reasonable grounds for believing that the affairs of the Wakf are being mismanaged, it shall take such action thereon as it thinks fit.