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1998 Supreme(AP) 478

BILAL NAZKI, UMESH C.BANERJEE
Majlis-c-Shura Dasti Parcha Bafi Hermain Sharifain Wakf Committee – Appellant
Versus
A. P. Wakf Board, Hyderabad – Respondent


UMESH CHANDRA BANERJEE, C. J.

( 1 ) THESE writ appeals are directed against the order of the learned single Judge wherein the Rulenisi issued has been made absolute in part. The learned single judge while dealing with the matter did set aside the direction contained in the impugned resolution of the Wakf Board authorising the Chief Executive officer to proceed for taking over the properties into the direct management along with institutions. The learned Judge further directed that the inquiry initiated by the Andhra Pradesh Wakf Board under Section 71 of the Wakf act, 1995 shall continue and in the event the allegations made against sri K. M. Arifuddin stand proved it would be open to the Wakf Board to order for taking over the properties into the direct management of the Board along with the institutions. It is this order which is under challenge in the appeals.

( 2 ) ON the factual score it appears that the inquiry was being conducted in terms of the directive of the State Government and it is on this count mr. Ramana Reddy, learned senior Advocate appearing in support of the appeals contended that having due regard to the provisions of Section 97 of the Act the State Government



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