The repeal of the Wakf Act, 1954 and the enactment of the Wakf Act, 1995 resulted in a different composition of the Board and a different mode of representation of different categories of persons.

P. S. MISHRA, C. J.

( 1 ) THE writ petition by one Sri Mohd. Abdul Muqueet (Khusroo)/the Secretary/ muslim Minority Front is filed seeking a writ in the nature of Mandamus to restrain respondents 4 to 13 from reassumption of office as the Chairman and members of the A. P. State Wakf Board. Petitioner also asked for interim directions to command the second respondent not to hand over the charge of the board to any other person until the Board was reconstituted in accordance with the Wakf Act of 1995- B. Sudershan Reddy, J. , who heard the writ petition first, however, found that respondents 4 to 13 were to assume the office of the chairman and the Members of the Wakf Board pursuant to a Bench judgment of this Court rendered in W. A. No. 401/95 and batch dt. 17-1-96 and in view of the contentions before him decided to refer the matter to be placed before me for appropriate order for posting the writ petition before a Division Bench for the reasons as follows:"i cannot pass any order which would run counter and contrary to the orders passed by the Division Bench of this Court. It is however, contended by the learned Counsel for the petitioner that the provisions of the Wakf Act, 1995, No. 43 of 1995, were not brought to the notice of the Division Bench, while the matter was being disposed of. The act came into force on 1-1-1996, while the writ appeal was pending consideration before the Division Bench. The present Act No. 43 of 1995 prescribes entirely a different procedure for the purpose of constituting the Wakf Board and it is submitted that the judgment, of the Division Bench would have been totally different if the provisions of the Act No. 43 of 1995 were brought to the notice of the division Bench. Be that as it may, it is a complex situation and any order that may have to be passed in the writ petition in one way or the other may run counter to the Division Bench judgment. In view of these facts and circumstances,it is just and necessary that the present writ petition should be heard by a Division Bench for an authoritative pronouncement. In the circumstances, the Registry is directed to place the matter before My Lord and Hon ble the Chief Justice along with a copy of the Division Bench judgment in Writ Appeal no. 401/95 and batch dated 17-1-96. It is further stated, that there is a tussel going on between the rival groups and particularly respondents 4 to 13 making an attempt to reassume the office and the same is likely to result in breach of peace. It is also represented that certain valuable documents are likely to be moved from the premises of the Wakf Board. "while admitting the petition, however, the Division Bench felt that some of the issues already traversed by the parties in W. A. 401/95 and batch could possibly be agitated in the instant writ petition and referred accordingly the matter for being heard by a Full Bench.

( 2 ) IT is not in dispute that the Government of Andhra Pradesh vide g. O. Ms. Nos. 74 and 75,dt. 26-8-94 and 30-8-94 respectively constituted the board under the Wakf Act No. 29 of 1954 comprising the respondents 4 to 13. W. P-Nos. 16111/94 and 16122/94 were filed challenging their appointments on various grounds. A learned Single Judge who heard the writ petitions held against the constitution of the Board and the respondents 4 to 13 as a result of which they ceased to hold office with effect from 10-4-95. The Government in g. O. Ms. No. 41, Minorities Welfare (Wakf I) Department, dt. 10-4-95 appointed a Special Officer under Sec. 64 (2) (b) of Wakf Act, 1954 and the Special Officer assumed charge on 10-4-95 itself. The Government of India vide Gazette No. 65, extra ordinary Part II, dt. 22-11-95 have promulgated Act No. 43 of 1995 which repealed the Wakf Act, 1954 and the 1984 Amendment Act but saved,however, anything done or any action taken under the said Acts in these words:"not with standing such repeal anything done or any action taken under the said Acts shall be deemed to have been d

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