SK. AKBAR ALI Vs. STATE OF A.P.

JUDGEMENT

(1.) This writ petition is filed questioning the auction notification dtd. 25/1/2021 for conducting the auction of offerings of the Dargah Hzt Bajee Shaheed Aulia (RA) situated at Paddakakani village and Mandal, Guntur District.

(2.) Case of the petitioners is that, the waqf institution by name, Dargah Hzt Bajee Shaheed Aulia (RA) is situated at Peddakakani village; initially there were six Mutawallies and Mujawars for the said institution; after the death of notified Mutawallies, the Waqf Board recognized their legal heirs as Mutawallies; the 1st petitioner is one of the Mutawallies recognized by the Board, but he was removed on 9/8/2017 and the institution is under the direct management now; questioning the removal order, the 1st petitioner filed WP No.30060 of 2017 and an interim order of reinstatement was granted and hence, the 1st petitioner is deemed to be continued as mutawalli; as petitioners 2 and 3 were restrained, they also filed WP No.13603 of 2014 and they are also continuing as mujawars; there is no practice of conducting auction of offering items for the subject dargah till now; after completion of five years period of direct management, the management shall have to be revert back and hence, auction should not be conducted; the petitioners requested not to conduct auction in the absence of the Board. Chief Executive Officer, who is working as full additional charge (FAC), has to work under the administrative control of the Board and does not have power or jurisdiction to conduct auction or to issue notification independently; all the decisions have to be taken by the Board alone, but not by the Chief Executive Officer; conducting of auction is contrary to Sec. 56(2) of the Waqf Act, 1995 (for short 'the Act ') and also contrary to the Waqf Property Lease Rules, 2014 (for short 'the Rules '). Hence, the writ petition.

(3.) When the matter came up for admission on 8/3/2021, this Court granted an interim direction staying the proposed auction and the said interim direction was extended from time to time.