SHAHEDA BEGUM Vs. AP STATE WAQF BOARD

JUDGEMENT

(1.) This Writ Petition is filed by the petitioner against respondents 1 to 7 to declare the Notification dated 25.08.2019 and the proceedings dated 30.08.2019 issued by the 1st respondent are illegal and ultra vires to the Constitution.

(2.) The petitioner claims to be a member of the Waqf Board. The Board is supposed to control and administer the Waqfs in the State of Andhra Pradesh. The State sought to supersede the Board by G.O.Ms.No.38, dated 15.07.2019 and vide another G.O.Ms.No.39, dated 15.07.2019, a Special Officer was appointed. Being aggrieved by the said two GOs., the Board Members, including the petitioner, have filed Writ Petition No.9369 of 2019 challenging the said GOs. An Interlocutory Application was filed to suspend the G.O.Ms.Nos.38 and 39 referred to above. A learned single Judge of this Court initially granted a direction on 18.07.2019 suspending the GOs. The matter was then carried in Appeal. A Division Bench of this Court in W.A.No.218, 219 and 224 of 2019 passed an order dated 06.08.2019. The Division Bench expressed an opinion that the person / authority managing the Waqf Board should not deal with the property of the Waqf Board or alienate the property properties of Waqf. The Division Bench also directed that the amounts lying in the account of the Waqf Board should not be spent for any purpose other than for the payment of salaries, lawyer fee and day to day expenditure.

(3.) Prior to this a Notification dated 24.07.2019 was invited from the public to bid for the various items that are offered by the devotees of a very famous mosque in Nellore town called "Bara Shaheed Mosque". In this mosque / town a festival called "Rottela Panduga" (loosely translated as "Bread Festival") is celebrated every year. This festival attracts lakhs of devotees and generates huge revenues.