IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON’BLE SRI JUSTICE: VILAS V.AFZULPURKAR WP .NO: 12551 of 2014 Between:
1. Shaik Ghouse Mohiuddin, S/o. Abdul Gafoor
2. Shaik Mahaboob Ali, S/o. Shaik Baji Saheb
3. Shaik Akber Ali, S/o. Shaik Mahaboob
4. Smt. Shaik Silar Bee, D/o. Shaik Masthan Saheb AND . Petitioners
1. The State of Andhra Pradesh, rep. by its Principal Secretary, Minority Welfare Department, Secretariat, Saifabad, Hyderabad.
2. The A.P. State Wakf Board, rep. by its Chief Executive Officer, Office at Haj House, Nampally, Hyderabad.
3. The Chief Executive Officer, A.P. State Wakf Board, Office at Haj House, Nampally, Hyderabad.
. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned proceedings bearing F.No. 105/GNT/2013/Z-V, dt. 11-04-2014 issued by the 2nd respondent suspending the petitioners from the post of Mutawallis and taking the Wakf Institution under the direct management is illegal, void, ultravires and unconstitutional and consequently to set aside the same in the interest of justice and equity.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of Sri Abdul Muqeeth Qureshi, Advocate for the Petitioners, G.P. for Social Welfare for the Respondent No.1 and of Sri Shafath Ahmed Khan – S.C. for APSWB for the Respondents 2 & 3, the Court made the following ORDER:
“ Heard learned counsel for the petitioners and the learned Standing Counsel for Wakf Board.
Impugned order is the one of suspension of Mutawallies, which is questioned by the petitioners, it is stated that there are six Mutawallies and except Shaik Zilani and Shaik Ghalib Saheb, the others are the petitioners herein. The said order of suspension is said to have been served on the petitioners on 15-04-2014.
Under Section 64 sub-Clause (5) of the Wakf Act, 1995, the Board can keep the Mutawallies under suspension ex parte for a period of ten days and thereafter, an enquiry is required to be held by the authority placing Mutawallies under suspension and thereafter, the authority competent to suspend, is empowered to extend the same if he is so warranted.
..2..
Since the impugned order is stated to have been served on the petitioners on 15-04-2014 and the enquiry is stated to be pending, and in terms of the provision aforesaid, the said impugned order shall remain in force only for a period of ten days from the date of service of notice, let the learned Standing Counsel for Wakf Board get instructions and file counter.
Post immediately after Summer Vacation, 2014.”
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1. The Principal Secretary, Minority Welfare Department, State of Andhra Pradesh, Secretariat, Saifabad, Hyderabad.
2. The A.P. State Wakf Board, rep. by its Chief Executive Officer, Office at Haj House, Nampally, Hyderabad.
3. The Chief Executive Officer, A.P. State Wakf Board, Office at Haj House, Nampally, Hyderabad.
4. Two CCs to G.P. for Social Welfare, High Court of A.P.Hyd(OUT)
5. One CC to Sri Abdul Muqeeth Qureshi, Advocate(OPUC)
6. One spare copy.
SAH HIGH COURT VVAJ DATED: 24-04-2014 NOTE: POST IMMEDIATELY AFTER SUMMER VACATION, 2014 ORDER WP.NO. 12551 OF 2014 DIRECTION DRAFTED BY: SAH APPROVED BY: DRAFTED ON: 24-04-2014 HIGH COURT VVAJ DATED: 24-04-2014 NOTE: POST IMMEDIATELY AFTER SUMMER VACATION, 2014 ORDER WP.NO. 12551 OF 2014 DIRECTION