GALIB SAHEB Vs. A P STATE WAKF BOARD

JUDGEMENT

(1.) THERE is a wakf, by name Dargah Hazarath Syed Baji Sahaheed Aulia (Rh) at Peddakakani Village and Mandal, Guntur District. The petitioner states that his father, by name late Mastan Saheb, was Muthawalli and that he succeeded to the office, on the death of his father. On a representation made by him, the A.P. State Wakf Board, respondent herein passed a resolution on 25.2.2012 to the effect that the petitioner be appointed as Muthawalli for the Wakf under Section 42 of the Wakf Act, 1995 (for short 'the Act'). It is stated that on account of interference at various levels, orders of appointment could not be issued and on 11.2.2013, the respondent passed another resolution, wherein it has been decided to issue the orders of appointment. The grievance of the petitioner is that on a letter addressed by the Hon'ble Minister for Minorities Welfare, the Chairman of the Board has kept the resolution dated 11.2.2013 in abeyance through order dated 15.2.2013 and that the same has been communicated by the Chief Executive Officer through proceedings of the same date. He feels aggrieved by the said proceedings.

(2.) HEARD Sri K. Rathanga Pani Reddy, learned Counsel for the petitioner and Sri Shafath Ahmed Khan, learned Standing Counsel for the respondent.

(3.) THE question of making appointment of Muthawalli under Section 42 of the Act does not arise. It is only under Section 63 of the Act, that the Wakf Board can make appointment of Muthawalli and it reads: