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1996 Supreme(AP) 1374

B.SUDERSHAN REDDY
Mulla Rahim Saheb – Appellant
Versus
A. P. State Wakf Board, rep. by its Secretary – Respondent


B. SUDERSHAN REDDY, J.

( 1 ) THE petitioners herein are aggrieved by the proceedings of the respondents- wakf Board dated 31-8-1996 under which an ad hoc committee consisting of nine members is appointed for a period of one year from the date of the order to manage the affairs of the Jamia Mosque, Orvakal, Kurnool District. The said proceedings are obviously issued by the respondent-Wakf Board in exercise of its power under Section 18 of the Wakf Act, 1995, for short the act .

( 2 ) THE 1st petitioner herein claims to be a Muthawalli of the Mosque in question which is admittedly a Wakf. Petitioners 2 to 5 claim to be the legal heirs of the deceased hereditary Muthawalli. It is asserted that the petitioners herein are jointly managing and maintaining the Mosque and providing all amenities to the residents and Muslim families in the village. It is stated in the affidavit filed in support of the writ petition that the duties of Peshimam and Maozam are being performed by one of the petitioners as per convenience.

( 3 ) IT is the case of the petitioners that the respondents-Wakf Board without conducting any enquiry as contemplated under Sections 44 and 45 of the Act (corresponding to Se










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