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 its attached movable and immovable properties under its direct management.

( 4 ) IT appears that after the death of mohd. Rafiuddin, his son-in-law mohd. Abdul Sattar Saheb applied for towliathship of the registered wakf, but the board in view of the fact that Mohd. Abdul sattar was not a resident of Jaggayyapet and not a Musalli of the registered Wakf, rejected his request. However, he was appointed as treasurer of the Managing committee under the provisions of the wakf Act, 1995 (for short the Act ).

( 5 ) BE that as it may, the third respondent herein submitted an application dated 8-11-1999 for his appointment as Mutawalli of the Institution as successor-in-interest of late Mohd Rafiuddin, the notified mutawalli of the Jamia Mosque. In the said application, the third respondent herein claimed that Rafiuddin Saheb was his maternal grand-father who died leaving behind him three daughters including his mother and that he had executed a registered Will dated 21-9-1982 in his favour as successor to be appointed as mutawalli of the Institution. It is the case of the third respondent that he was minor at the time of execution of the Will and late rafiuddin had appointed M. A. Sattar who is no other than his father as his guardian. The said M. A. Sattar submitted an application on 4-12-1989 to appoint the third respondent herein as Mutawalli. According to the third respondent, the application filed by his father was kept pending for a very long time even though his father has complied with all the objections and requirements for sanction of towliath. The fact remains that no orders were passed on the application dated 4-12-1989.

( 6 ) THE State Wakf Board appears to have made an elaborate enquiry to decide the claim of the third respondent herein. The wakf Board came to the conclusion that the third respondent herein cannot be appointed as Mutawalli considering the fact that in the Gazette notification the rule of succession to the office of the Mutawalli is mentioned as elective . The Wakf Board, in the circumstances, rejected the claim of the third respondent herein by an order dated 9-2-2000.

( 7 ) THE third respondent herein preferred an appeal before the first respondent- government under Sections 65 (2), 66 and 97 of the Act. The first respondent- government through the impugned order appointed the third respondent herein as mutawalli of Jamia Mosque, Jaggayyapet, krishna District with effect from 12-8-2000.

( 8 ) IN this writ petition, the said order is impugned by the petitioner on various grounds: It is contended by the learned counsel for the petitioner that the government has no jurisdiction whatsoever in law to entertain the appeal preferred by the third respondent herein. The order passed by the Wakf Board dated 9-2-2000 rejecting the req

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