- (1.) There is an ancient Wakf Institution, namely, Kohe Imam-e-Zamin (AS) in Tirumulgerry Village and Mandal, Hyderabad. An extent of 300 acres is attached to the said wakf institution. According to the petitioner, the office of mutawalli is hereditary and his father rendered service as mutawalli to the said institution till his death in the year 1996. The petitioner approached the Wakf Board to recognize him as hereditary mutawalli. There being no action on the part of the Wakf Board, he: filed Writ Petition 6136 of 2003. The said writ petition came to be disposed of on 18.4.2003 directing the Wakf Board to take action on the representations by conducting an enquiry. Pursuant to the direction given in the writ petition, the Wakf Board appointed an Enquiry Officer, who conducted enquiry and submitted his report on 29.6.2003. Ultimately, proceedings came to be issued on 4.6.2008 appointing the petitioner as mutawalli to the said institution under Section 63 of the Wakf Act, 1995 (for brevity, "the Act"). The appointment of the petitioner as mutawalli came to be published in Andhra Pradesh Gazette dated 3.7.2008. In the Gazette, the term of the office of the petitioner as mutawalli has been indicated as one year. Therefore, he submitted another application on 22.11.2008 to recognize him as hereditary mutawalli under Section 42 of the Act. The Wakf Board considered the representation dated 22.11.2008 and issued proceedings on 5.1.2009 appointing him as mutawalli of the institution under Section 42 of the Act.
(2.) While he was rendering the services as mutawalli, a committee was appointed by the Board to conduct ceremonies for a period of three days under proceedings bearing No.27/KIZ/DM/2006/ Zone-II, dated 25.7.2009. The petitioner questioned the said proceedings by filing Writ Petition No. 15071 of 2009 and he also moved WPMP No. 19800 of 2009 seeking for interim relief. An interim order came to be passed in WPMP No. 19800 of 2009 on 28th July, 2009. Subsequently, the said writ petition came to be dismissed as infructuous on 2.12.2010. The petitioner also filed OS No. 101 of 2009 before the Andhra Pradesh Wakf Tribunal, Hyderabad seeking injunction against Shankar Lal Yadav and Dhan Sing Yadav and obtained an order of status quo, vide orders in IA No. 302 of 2009 on 26th August, 2009. While so, the Chief Executive Officer, A.P. State Wakf Board issued proceedings vide F. No. 36/B2/ RR/2007/Z-II, dated 7.6.2011, whereunder the management of the institution has been taken over by the Board under Section 65 of the Act and directed Janab Mir Jafer All Sajidi, Assistant Secretary, A.P. State Wakf Board to take complete charge of the institution along with attached properties and manage them till further orders. For better appreciation, I may refer the relevant portion of the proceedings dated 7.6.2011, which reads as hereunder :- In the reference 2nd read above, Janab Mir Qamar Hasan Razvi had filed WP No. 15071 of 2009 for constitution of Jashan Committee vide Proc.No.27/KIZ/DM/06/Z-II, dated 25.7.2009 and obtained interim order in WPMP No. 19800/2009, dated : 28.7.2009 and the same WP was disposed on 2.12.2010. In the reference 3rd read above, the I/c. Task Force, APSWB has submitted a report stating that Janab Mir Qamar Hasan Razvi. (1) has allowed the labour in Sama Khana without permission of the Board as the same Sama Khana is for Zaireen of the subject Wakf Institution. (2) the above said labour are engaged in construction work. (3) The above said mutawalli has raised the construction wall without permission of the Board. (4) The above said Mutawalli has allowed to 1. V. Krishna 2. G. Yadagiri 3. V. Sushella 4. V. Chandraiah R/o. Subash Nagar 5. Ram Narvade R/o Chennapuram for quarrying without permission of the A.P. State Wakf Board. As such, the I/c. Task Force Team has suggested to take further necessary action as deems fit for the above said lapses of Janab Mir Qamar Hasan Razvi. In view of the above lapses, the matter has been placed before the Hon'ble Chairman, who after careful examination ordered vide reference 4th read above to place the matter before the Board. In pursuance of the orders of the Hon'ble Chairman, the matter was placed before the Board. The Board vide its resolution in the reference 5th read passed as follows: The matter has been examined and it is found as per record that the then Special Officer appointed Janab Mir Qamar Hasan Razvi as temporarily Mutawalli under Section 63 of Wakf Act, 1995. The said period was already been expired. The WP No. 15071/2009 filed by the individual has also been dismissed. The Board therefore unanimously resolved to take the institution under direct management of the Wakf Board and Janab Mir Ali Sajidi, Asst. Secretary is authorized on behalf of the Board to takeover the institution and manage the same till further orders. In pursuance to the Board's Resolution above, the Wakf Institution known as Kohe-Imam Zamin and its attached properties situated at Tirulgiri (V&M), Ranga Reddy District is hereby taken under Direct Management of the Wakf Board under Section 65 of the Wakf Act, 1995. Janab Mir Jafer Ali Sajidi, Assistant Secretary, A.P. State Wakf Board is directed to take the complete charge of the subject Wakf Institution with attached properties under his control immediately and manage the same till further orders and report compliance. The proceedings issued by the Chief Executive Officer, A.P. State Wakf Board are assailed in the writ petition.
(3.) When the writ petition came up for admission, learned Standing Counsel appearing for the A.P. State Wakf Board received notice on behalf of the respondent and filed counter.;