This Revision is filed under Section 83 (9) of the Wakf Act, 1995 (for short, ‘the Act’) challenging the order dt.16.06.2008 in Appeal No.1 of 2005 of the A.P. Wakf Tribunal, Hyderabad (for short ‘the Tribunal’).

2. The petitioner herein is the son of one Mir Gulam Ali Khan. The latter was a Muthawali of Dargah Kohe – Moula Ali (for short, ‘the institution’), a Sunni Wakf published and notified in the A.P. Gazette No.35 Part II dt.27.08.1987. It owned an extent of Acs.232.00 at Malkajgiri Village and Mallapur Village of Ranga Reddy District out of which an extent of Acs.71.00 is not under cultivation. Mir Gulam Ali Khan died on 22.05.1988.

3. Thereafter, the 1st respondent-Wakf Board(for short, ‘the Board’) constituted a Committee to manage the affairs of the said institution. On 07.10.1992, the petitioner made an application to declare him as a Muthawali of the said Wakf. The then Special Officer of the Board appointed the petitioner as a temporary Muthawali of the said institution in the place of his deceased father and directed him to manage the affairs of the institution in accordance with the Act.

4. One individual by name Nawazuddin lodged a complaint with the Board that the lands of the institution were alienated by the petitioner’s agents, that he failed to submit statement of accounts, budget, audited accounts to the Wakf Board even though it is his statutory obligation to do so under Sections 32, 31 and 33 of the Act and he had also not paid Wakf Fund on the properties attached to the institution for several years.

5. By proceedings F.No.M1/RR/57/92 dt.26.11.1993, the Special Officer of the Wakf Board, without conducting any enquiry into the allegations, terminated the services of the petitioner as temporary Muthawali and directed him to hand over charge to one Ahmed Moinuddin, who was appointed as a Receiver by him for the above institution.

6. This was challenged by petitioner in WP.No.17879 of 1993 in this Court. By order dt.29.11.1993, in WPMP.No.22589 of 1993 in the said writ petition, this Court granted interim direction that the petitioner be allowed to maintain and take care of the Dargah/Institution but he shall not deal with any moveable or immoveable properties pertaining to it, pending further orders. The said Writ Petition was allowed on 06.12.1999 by this Court. It held that under sub-Section (4) of Section 43 of the Act, removal of Muthawali can only be made after an enquiry into the matter in the prescribed manner and a decision is taken by a majority of not less than 2/3rd of the members of the Board, that such an enquiry has not been done while passing the impugned order against the petitioner, and therefore, it cannot be sustained. It held that it is open to the Board to conduct such an enquiry but till it is done, the petitioner shall not deal with the moveable and immoveable property of the institution.

7. Thereafter, on 14.03.2000, a charge memo containing the charges made against him in the complaint dt.16.11.1993 referred to supra was issued to the petitioner and an enquiry officer by name Md. Rabbani was appointed as enquiry officer. He submitted a report dt.28.04.2000 holding that the petitioner is not guilty of any of the charges. This was placed before the Board in its meeting held on 10.05.2000. It considered the report and the entire material on record and passed a unanimous resolution accepting the report dt.28.04.2000 of the enquiry officer and consequently reinstated him as Muthawali of the institution subject to the condition that he should get the accounts of all previous years audited within one month through the Chief Inspector Auditor Wakfs and report compliance. Thereafter, the Chief Executive Officer of the Wakf Board issued proceedings dt.25.05.2000 cancelling the order dt.26.11.1993 by which the temporary Muthawaliship of the petitioner was terminated. This decision of the Wakf Board was also published in the Andhra Pradesh Gazette dt.22.06.2000.

8. Thereafter, ano