SUGRA HUMAYUN MIRZA Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) These two writ petitions are disposed of by a common judgment. In W.P.No. 12845 of 1994 the petitioner is Sugra Humayun Mirza Wakf represented by its Secretary. In this writ petition the petitioner is challenging the action of the first respondent in issuing G.O.Ms.No.29 Minorities Welfare (Wakf Department) dated 30-6-1994 according permission to the second respondent to lease out the property located at Door No. 5-8-613 and 5-8-614, Abids, Hyderabad, in favour of third respondent, M/s. Markaz Construction, subject to the various conditions mentioned in the G.O.

(2.) In W.P.No. 13566 of 1994 the relief claimed is the same. However, the petitioner is M/s. Sri Vallab Leasing and Finance Pvt. Ltd., represented by one of its Directors. The second respondent is the Wakf Board represented by its Secretary.

(3.) The facts, in brief, are as follows:- The petitioner in W.P.No. 12845 of 1994 is the Mutawalli and the Secretary of the managing committee of the institution known as Sugra Humayun Mirza Wakf. Lady Sugra Humayun Mirza, was a philanthropist and she had dedicated the property bearing No. 5-8-613/1,613 and 614 situated at Abids, Hyderabad under a Wakf Deed. Under the deed she nominated the petitioner as Mutawalli as he is closely related to her. Under the Wakf Deed only the members of the family belonging to Lady Sugra Humayun Mirza, are entitled to the Mutawalliship. The property bearing No. 5-8-613 was let out for a period of two years to one Smt. Ambutai, as a tenant. The petitioner initiated proceedings against Smt. Ambutai in the City Civil Court for her eviction after terminating the tenancy. The suit was dismissed and the appeal filed in the High Court was allowed granting three months' time to the tenant for vacating the premises. One T. Satyanarayana, an associate of Smt. Ambutai claiming long lease in his favour filed O.S.No.1091 of 1984 in the City Civil Court seeking specific performance of the agreement of lease for 40 years. The suit was originally decreed. The appeal was dismissed, against which the petitioner filed L.P.A. No.145 of 1989. On 16-10-1992 the L.P. A. was allowed and the decree in O.S.No.1091 of 1984 was set aside. The petitioner received a proposal from M/s. Sri Vallab Leasing and Finance Private Limited offering to develop the property as it is situated in a busy commercial locality having tremendous prospects for commercialisation. The managing committee of the petitioner-institution in its meeting on 17-9-1991 passed a resolution approving the proposal of development made by M/s. Vallab Leasing and Finance Private Limited. Since under Section 36-A of the Wakf Act, 1954 (in short 'the Act') the sanction of the second respondent is necessary the petitioner sent the resolution dated 17-9-1991 by its letter No. 20121 dated 24-10-1991 to the second . respondent for its sanction. The second respondent published a notification under Rule 12(2) of the A.P. Wakf Rules, 1974 in the A.P. Gazette on 26-3-1992 calling for objections and suggestions to the proposal. In the notification it is mentioned that the proposals and objections should be filed within thirty days from the date of publication.