Andhra Pradesh High Court - Amravati
Sk Hayath Basha vs The State Of Andhra Pradesh on 14 February, 2023
Bench: Ravi Nath Tilhari
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.2784 of 2023
JUDGMENT:-
1. Heard Sri Ch.C.Krishna Reddy, learned counsel for the
petitioner and learned Government Pleader for Minorities
Welfare Department for the respondent No.1 and Sri
Mohammed Gayasuddin, learned counsel for the respondent
Nos.2 to 4.
2. With the consent of the parties counsels, the writ petition
is being decided finally at this stage.
3. This writ petition under Article 226 of the Constitution of
India has been filed for the following relief:-
"For the reasons stated above, it is prayed that this
Hon'ble Court may be pleased to issue a writ, order or
direction more particularly one in the nature of Writ of
Mandamus declaring the action of the Respondents
2 and 3 in trying to constitute the Managing Committee of
Dargah Hazarath Sultan Shaheed Idgah and Masjid,
Atmakur, S.P.S.R. Nellore District as per the report of the
4th Respondent in Lr.No.IAW/49/NLR/2012, dated
19.01.2023 to the 2nd Respondent without following the
due procedure as per Regulation 5 of the Andhra Pradesh
Managing Committee (Constitutions, Functions and Duties)
Regulations 2009 is arbitrary, illegal, without Jurisdiction
and consequentially direct the Respondents 2 to 4 not to
constitute the Managing Committee of Dargah Hazarath
Sultan Shaheed Idgah and Majid, Atmakur, S.P.S.R.
Nellore District and further direct the Respondents 2 to 4
to conduct the election for the Managing Committee of
Dargah Hazarath Sultan Shaheed Idgah and Majid,
Atmakur, S.P.S.R. Nellore District by preparing the
Mussalies list after due enquiry and pass such other order
or orders in the interest of justice."
4. Learned counsel for the petitioner submits that the
petitioner previously filed W.P.No.3922 of 2019, Sk. Hayath
Basha vs. The State of Andhra Pradesh and others, which was
disposed of vide judgment dated 26.04.2019, with direction to
the Waqf Board to constitute the Managing Committee of
Dargah Hazarath Sultan Shaheed Edgah and Majid, Atmakur,
S.P.S.R. Nellore District by following Regulation 5 of the Andhra
Pradesh Waqf's Managing Committee (Constitutions, Functions
and Duties) Regulations 2009 (in short, the Regulations 2009)
strictly, as early as possible.
5. The petitioner filed another W.P.No.29373 of 2022,
Sk. Hayath Basha vs. The State of Andhra Pradesh and others,
raising the grievance that the respondents therein were trying to
constitute the Managing Committee without conducting
elections being violative of Regulation 5 of the Regulations 2009.
6. In W.P.No.29373 of 2022, learned Standing Counsel for
Waqf Board, on instructions, submitted that there was no
proposal to appoint any Managing Committee and on a specific
query of the Court, he also submitted that so far as the
elections are concerned, the Waqf Board would follow the due
process of law. Recording the said submission, the writ petition
was disposed of on 16.09.2022 granting liberty to the petitioner
in case of any grievance to seek recourse to law.
7. Thereafter, the Inspector-Auditor, Waqfs, the respondent
No.4, has submitted a report dated 19.01.2023 to the Chief
Executive Officer of the Waqf Board, forwarding two panels with
request to take further necessary action for constitution of the
Managing Committee.
8. Learned counsel for the petitioner submits that there
being two (02) panels, the elections should be held under
Regulation 5(ii) of the Regulations 2009.
9. Learned Standing counsel submits that Regulation 9
provides for the disqualification which comes in the way of the
petitioner in the matter.
10. The aforesaid submission is disputed by the learned
counsel for the petitioner submitting that the petitioner does not
incur any disqualification.
11. In view of orders passed previously in W.P.No.3922 of
2019 and in W.P.No.29373 of 2022, this Court does not find any
reason as to why the respondent No.2 would not follow the due
process of law in constitution of the Committee of Management.
This Court does not see any necessity for issuing any fresh
directions as are already there.
12. So far as the submission of the learned counsels for the
parties with respect to the disqualification of the petitioner is
concerned, this Court is not entering into that aspect, as such
question does not arise at this stage, in view of pendency of the
matter before the Chief Executive Officer of the Waqf Board, for
consideration, pursuant to the report of Inspector-Auditor
Waqfs.
13. With the aforesaid observations the writ petition stands
disposed of.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending,
shall also stand closed.
__________________________
RAVI NATH TILHARI,J
Date: 14.02.2023
SCS
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.2784 of 2023
Date: 14.02.2023
Scs
