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2000 Supreme(AP) 728

B.SUDERSHAN REDDY
Managing Committee, Wakf, Jamia Masjid, Jaggayyapet – Appellant
Versus
State Of A. P. – Respondent


B. SUDERSHAN REDDY, J.

( 1 ) THE petitioner in the instant writ petition challenges the validity of G. O. Ms. No. 136, minorities Welfare (Wakf-I) Department, dated 13-7-2000 issued by the first respondent-State Government. The same shall hereinafter be referred as the impugned order.

( 2 ) IN the affidavit filed in support of the writ petition it is stated that originally the jamia Mosque, Jaggayyapet. (hereinafter referred as the Institution ) is a notified wakf under the Towliath of one mohd. Rafiuddin. The notified Mutawalli mohd. Rafiuddin died on 19-10-1989 leaving behind him three daughters. The wakf Inspector having inspected the institution on 6-11-1993 submitted a report in this regard. The President of the Krishna district Wakf Committee by his report dated 5-1-1990 reported to the Wakf Board stating that the notified mutawalli died without any male issue. It is stated that late mohd. Rafiuddin made a declaration to the effect that the succession in the office of the mutawalli would be by way of election. Accordingly, a Committee was elected on 18-12-1992 consisting of seven members.

( 3 ) THE Wakf Board by an order dated 5-1-1994 took the Mosque and the ashoorkhana and























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