Courts should avoid giving advantage to a superseded committee pending adjudication when a new committee has assumed office.

( 1 ) THE instant appeal, under Clause 15 of the Letters Patent of this Court, has arisen out of a proceeding in an interlocutory application in the writ petition No. 2732 of 1996 which is pending disposal. Facts giving rise to the writ petition are limited to the challenge by the Intezami Committee, Masjid-E-Osmania, represented by its General Secretary, to an order appointing an Adhoc Managing Committee to replace it by the A. P. State Wakf Board, While entertaining the writ petition, the Court made an order of interim suspension of the order appointing the adhoc committee. A petition to vacate the same, however, was filed on behalf of the Ad hoc Managing Committee. The same has been allowed by the learned single Judge by stating as follows: "this is an application seekingto vacate the interim suspension order passed by this Court on 13-2-1996 made in WPMP. No. 3276 of 1996. The vacate petitioners who are constituted Members of an adhoc Managing Committee for Osmania Mosque, Huzurnagar, Nalgonda District for a period of one year have taken a stand before this Court in the vacate petition that pursuant to the order issued by the first respondent appointing them as such have taken charge of the Mosque on 11 -2-1996 and functioning as such. It is further contended that the interim suspension order granted by this Court is on 13-2-1996 by which time they had already assumed charge and therefore state before this Court that the interim suspension order should be vacated. The learned standing counsel for the Wakf Board also states that the vacate petitioners have assumed charge. Though the learned counsel for the writ petitioner tried to assail the order of appointment of these vacate petitioners who are respondents in the writ petition on various counts, these allegations need to be examined at an appropriate time while considering the writ petition on merits. In view of the above, the interim suspension order granted by this Court on 13-2-1996 in WPMP. No. 3276 of 1996 is vacated as the vacate petitioners assumed charge on 11-2-1996 itself .

( 2 ) IN ordinary circumstances when the committee appointed by the Wakf Board was found to have assumed office, any Court is expected to pass the order in terms as learned single Judge has passed so that pending adjudication no advantage is given to one who has been superseded by the other, particularly when the other has assumed office. Facts, however, behind the appointment of the Adhoc Managing Committee are tell-tale. The order appointing the Ad hoc Managing Committee for the mosque is allegedly made by the Special Officer of the Board as the Board was under supersession. It states as follows:-" In the circumstances represented by the muslims of Huzurnagar, the Special Officer, A. P. State Wakf Board, Hyderabad, has been pleased to constitute an Ad hoc Managing Committee for a period of one year from the date of issue of this order with the following office bearers: