MUSLIM WELFARE SOCIETY NARSAPUR REP BY ITS GENERAL SECRETARY MD RASHID AHAMED Vs. GOVERNMENT OF ANDHRA PRADESH REP BY ITS SECRETARY SOCIAL WELFARE DEPARTMENT HYDERABAD

JUDGEMENT

(1.) The petitioner which is stated to be a registered society called Muslim Welfare Society, Narsapur of Medak District, filed this writ petition seeking mandamus against the respondents 1 to 5 for constituting committee of management for the maintenance of Shadi Khana, shopping complex and its properties situated in Narsapur village. Claim of the petitioner for appointment of management committee is based on G.O.Ms.No.162 Minorities Welfare (MFC) Department dated 09.07.1999 issued by Government of Andhra Pradesh. G.O.Ms.No.162 empowers District Collectors for constitution of committee for the management and maintenance of all matters of Shadi Khanas. It also provides that the management committee shall consist of four local muslims, one muslim woman, a representative of Urdu Academy and local Mandal Revenue Officer as Convenor. It also provides for constitution of management committees where the Government took up construction of Urdu Ghar - Shadi Khanas in the State. The District Collectors were authorised to entrust the work of construction to any Engineering Departments among R&B, Panchayati Raj and APIIC and also allot the lands for construction of Shadi Khanas. From the said contents of G.O.Ms.No.162 dated 09.07.1999, it is clear that in case Urdu Ghar - Shadi khanas which were constructed by the Government with Government funds after allotting Government lands for such construction, the District Collectors have the power to appoint or constitute management committees in respect thereof.

(2.) In Narsapur of Medak District, Shadi Khana together with shopping complex was constructed with Government funds. The District Collector allotted Rs.7.50 lakhs for construction of Shadi khana, out of which an amount of Rs.7,13,581/- was utilised and Executive Engineer (P.R.), Medak sought for additional funds of Rs.7.75 lakhs. By order dated 10.02.2004, the District Collector, Medak at Sangareddy sanctioned the said amount of Rs.7.75 lakhs and released the same. It was in addition to the amounts which were sanctioned for the same purpose by the District Collector, Medak at Sangareddy on 29.10.2001. After construction of Shadi Khana, Kitchen, dining hall and toilets and also shopping complex, all of them were delivered to Muthawalli by the Executive Engineer.

(3.) It is contended by the petitioner's counsel that since it was the District Collector who gave funds for the construction of Shadi Khana and shopping Complex, the District Collector has got power to appoint managing committee for the same in view of G.O.Ms.No.162 dated 09.07.1999. Even though the Wakf Board did not file counter in this writ petition, Standing Counsel for the Wakf Board submitted his arguments on the basis of record filed by the petitioner himself. After taking over the constructed items ie. Shadi Khana and Shopping Complex, Muthawalli of Abbu Saheb Dargah Mohd. Samiuddin leased out the same at Rs.1,20,000/- per annum.