REGENT COMPUTRONICS PVT. LTD.

ASSOCIATION OF A.P. SAJJADANASHEENS Appellant

V/S

SECRETARY REPRESENTING THE UNION OF INDIA (LAW) DEPARTMENT Respondents

Referred Judgements :-

STARE OF BIHAR V. BIHAR STATE + 2 LECTURERS ASSOCIATIONS AND OTHERS [REFERRED TO]
COMMISSIONER HINDU RELIGIOUS ENDOW MENTS MADRAS VS. LAKSHMINDRA THIRTHA SWAMIAR OF SHIRUR MUTT [REFERRED TO]
RATILAL PANACHAND GANDHI VS. STATE OF BOMBAY [REFERRED TO]
RATILAL PANACHAND GANDHI VS. STATE OF BOMBAY [REFERRED TO]
PRESIDENT OF INDIA VS. KERALA EDUCATION BILL 1957 [REFERRED TO]
DURGAH COMMITTEE AJMER ATTORNEY GENERAL FOR INDIA VS. SYED HUSSAIN ALI:SYED HUSSAIN ALI [REFERRED TO]
TILKAYAT SHRI GOVINDLALJI MAHARAJ TRIYAMBAK LAL GOSWAMI SHN CILANSHYAMLAIJI TILKAYAT SHRI GOWINDLAIJI VS. STATE OF RAJASTHAN [REFERRED TO]
DEEPAK SIBAL MISS RITLJ KHANNA VS. PUNJAB UNLVERSRTY:PUNJAB UNIVERSITY [REFERRED TO]
ADI VISHESHWARA OF KASHI VISHWANATH TEMPLE VARANASI VS. STATE OF UTTAR PRADESH [REFERRED TO]
JAGANNATH TEMPLE PURI MANAGEMENT COMMITTEE VS. CHINTAMANIKHUNTIA:CHINTAMANIKHUNTIA [REFERRED TO]
SAYYED ALI VS. A P WAKF BOARD HYDERABAD [REFERRED TO]
JOHN VALLAMATTOM VS. UNION OF INDIA [REFERRED TO]
M P GOPALAKRISHNAN NAIR VS. STATE OF KERALA [REFERRED TO]
M P GOPALAKRISHNAN NAIR VS. STATE OF KERALA [REFERRED TO]
FAQRUDDIN DEAD VS. TAJUDDIN DEAD [REFERRED TO]
MAULANA KURESHI GULAM MUSTAFA VS. UNION OF INDIA [REFERRED TO]
P CHANDRAMOULI VS. GOVERNMENT OF ANDHRA PRADESH [REFERRED TO]
MUSLIM MINORITY FRONT VS. GOVERNMENT OF ANDHRA PRADESH [REFERRED TO]
G GOLLA REDDY VS. M ADINARAYANA REDDY [REFERRED TO]
NAWAB USMAN ALI KHAN VS. CHOUDHRY FAEZULLA [REFERRED TO]
BASHIR AHMED VS. STATE OF WEST BENGAL [REFERRED TO]
SYED SHAH MUHAMMAD AL HUSSAINI VS. UNION OF INDIA [REFERRED TO]
STP LIMITED VS. NIRMALJIT SINGH HOON [REFERRED TO]
P A G HUSSAIN MOULANA VS. UNION OF INDIA [REFERRED TO]
VIDYA VARUTHI THIRTHA VS. BALUSAMI AYYAR [REFERRED TO]

JUDGEMENT

(1.) These two writ petitions are filed praying this Court to declare provisions of the Wakf Act, 1995 (Central Act 43 of 1995) particularly Section 14 of the Wakf Act, unconstitutional, arbitrary and violative of Articles 14, 25 and 26 of the Constitution.

(2.) WPNo.11349 of 1996 is filed by the Association of AP Sajjada Nasheens, Mutawallies & Khidmat Guzaran of Wakfs, Dargah Hazrath Shaikh-ji-hali, Urdu Shareef, Hyderabad, represented by its President Soofi Shah Mohd. Sabir Ali and WPNo.11728 of 1996 is filed by All India Shia Organization, Yakutpura, Hyderabad, represented by its Joint Secretary Mirza Mehdi Ali Baig. Since the relief sought for in these writ petitions is the same, they are taken up together for hearing and are being disposed of by a common judgment.

(3.) The facts in WPNo.11349 of 1996 are adverted to. It is stated that prior to the enactment of the Wakf Act, 1995, the Union Legislature had enacted the Wakf Act, 1954 and the provisions of the said Act held the field for the last about half a century in all the States of this country, though the Union Legislature and some of the State Legislatures have been making amendments from time to time to the provisions of the Wakf Act, 1954 according to the exigencies. The very concept of creation and administration of wakf give rise to the concept of the person or persons connected with the administration of the wakf. The said persons may either be appointed by the author of the wakfs or under a statute or by the users of the wakf and such persons are called "Mutawallis" under the Muslim Personal Law. The very purpose of enacting the Act is to provide better administration for wakfs and the matters connected thereto or incidental thereto.

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ASSOCIATION OF A P SAJJADA NASHEENS MUTAWALLIES AND KHIDMAT GUZARAN OF WAKFS Vs. SECRETARY REPRESENTING THE UNION OF INDIA DEPARTMENT NEW DELHI

Referred Judgements :-

JUDGEMENT

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