LAWS(APH)-2019-11-5

AKBAR HUSSAIN NAIK Vs. MD SAJID NAIK

Decided On November 02, 2019
Akbar Hussain Naik Appellant
V/S
Md Sajid Naik Respondents

JUDGEMENT

(1.) Assailing the Order, dated 18.06.2018, in W.P. No. 20098 of 2018, the present Writ Appeal is filed under Clause 15 of Letter Patent Act.

(2.) The present Writ Petition came to be filed seeking issuance of Writ of Mandamus to declare the inaction of the Respondent Nos. 2 and 3 in conducting election for constitution of the Managing Committee of Naickwadi Mosque situated at Kondapeta, Banganapalle, Kurnool District, as illegal and void and consequently to direct the Respondent No. 2 and 3, that is, the Andhra Pradesh State Wakf Board, Vijayawada, and the Inspector Auditor Waqf, Kurnool District, to conduct elections for the constitution of the Managing Committee as per Section 18 of the Wakf Act.

(3.) Taking into consideration the representation made by the Standing Counsel that steps are already initiated and that it will take minimum Six [06] months to conduct elections, the learned Single Judge disposed of the Writ Petition directing the Respondent Nos. 2 and 3 to complete the process, as early as possible, preferably within a period of three [03] months from the date of receipt of copy of the Order. Challenging the same, the present Writ Appeal came to be filed contending that the impugned Order came to be passed without giving any notice to the affected parties, though; they were shown as party respondents in the Writ Petition.