LAWS(TLNG)-2020-3-71

SHAHEDA BEGUM Vs. A.P.STATE WAQF BOARD

Decided On March 11, 2020
SHAHEDA BEGUM Appellant
V/S
A.P.State Waqf Board Respondents

JUDGEMENT

(1.) WHO WILL PROTECT THE "PROTECTOR" AND HIS PROPERTIES IS THE ISSUE IN THIS WRIT PETITION.

(2.) The petitioner claims to be a member of the Waqf Board. The Board is supposed to control and administer the Waqfs in the State of Andhra Pradesh. The State sought to supersede the Board by G.O.Ms.No.38, dtd. 15/7/2019 and vide another G.O.Ms.No.39, dtd. 15/7/2019, a Special Officer was appointed. Being aggrieved by the said two GOs., the Board Members, including the petitioner, have filed Writ Petition No.9369 of 2019 challenging the said GOs. An Interlocutory Application was filed to suspend the G.O.Ms.Nos.38 and 39 referred to above. A learned single Judge of this Court initially granted a direction on 18/7/2019 suspending the GOs. The matter was then carried in Appeal. A Division Bench of this Court in W.A.No.218, 219 and 224 of 2019 passed an order dtd. 6/8/2019. The Division Bench expressed an opinion that the person / authority managing the Waqf Board should not deal with the property of the Waqf Board or alienate the property properties of Waqf. The Division Bench also directed that the amounts lying in the account of the Waqf Board should not be spent for any purpose other than for the payment of salaries, lawyer fee and day to day expenditure.

(3.) Prior to this a Notification dtd. 24/7/2019 was invited from the public to bid for the various items that are offered by the devotees of a very famous mosque in Nellore town called "Bara Shaheed Mosque". In this mosque / town a festival called "Rottela Panduga" (loosely translated as "Bread Festival") is celebrated every year. This festival attracts lakhs of devotees and generates huge revenues.