MUSLIM MINORITY FRONT Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The writ petition by one Sri Mohd.Abdul Muqueet(Khusroo)/the Secretary/ Muslim Minority Front is filed seeking a writ in the nature of Mandamus to restrain respondents 4 to 13 from reassumption of office as the Chairman and Members of the A.P. State Wakf Board. Petitioner also asked for interim directions to command the second respondent not to hand over the charge of the Board to any other person until the Board was reconstituted in accordance with the Wakf Act of 1995- B. Sudershan Reddy, J., who heard the writ petition first, however, found that respondents 4 to 13 were to assume the office of the Chairman and the Members of the Wakf Board pursuant to a Bench judgment of this Court rendered in W.A. No.401/95 and batch dt.17-1-96 and in view of the contentions before him decided to refer the matter to be placed before me for appropriate order for posting the writ petition before a Division Bench for the reasons as follows:

(2.) It is not in dispute that the Government of Andhra Pradesh vide G.O.Ms.Nos. 74 and 75,dt. 26-8-94 and 30-8-94 respectively constituted the Board under the Wakf Act No.29 of 1954 comprising the respondents 4 to 13. W.P-Nos. 16111/94 and 16122/94 were filed challenging their appointments on various grounds. A learned Single Judge who heard the writ petitions held against the constitution of the Board and the respondents 4 to 13 as a result of which they ceased to hold office with effect from 10-4-95. The Government in G.O.Ms.No.41, Minorities Welfare (Wakf I) Department, dt. 10-4-95 appointed a Special Officer under Sec. 64 (2) (b) of Wakf Act, 1954 and the Special Officer assumed charge on 10-4-95 itself. The Government of India vide Gazette No.65, Extra ordinary Part II, dt. 22-11-95 have promulgated Act No. 43 of 1995 which repealed the Wakf Act, 1954 and the 1984 Amendment Act but saved,however, anything done or any action taken under the said Acts in these words:

(3.) When the writ petition was disposed of on 10-4-95 and following