ORDER :

M. Ganga Rao, J.

1. The petitioner is a regular Mussali, Member of Congregation of Jamia Masjid and is former Secretary of the Managing Committee of the Jamia Masjid, Bada Ashurkhana and Muslim Grave Yard, which is a Gazette notified Waqf property, and person interested in Waqf as defined under Section 3(k) of the Waqf Act of 1995, and he filed this writ petition, questioning the proceedings of the 2nd respondent Waqf Board, bearing No. 07/NLR/K/2006/Z-IV dated 15.2.2019 constituted Managing Committee by extending the existing the Managing Committee, for the Waqf Institutions namely Jamia Masjid, Bada Ashoorkhana and Muslim Grave Yard situated at Venkatagiri Town, SPS Nellore District, comprising of respondents 3 to 13, as illegal, arbitrary and contrary to the provisions of Section 18 of the Waqf Act, 1995, and contrary to the A.P. Waqf Managing Committees (Constitution, Functions and Duties) Regulations, 2009 [hereinafter referred as "the Regulations 2009'].

2. The case of the petitioner is that the Waqf Institution namely Jamia Masjid, Bada Ashurkhana and Muslim Grave Yard, which is a Gazette notified Waqf published in the Gazette dated 2.5.1963 and 23.1.1992 and for better administration the Waqf Board used to constitute Managing Committees from time to time. One of such committee was constituted in the year 2014 by proceedings dated 22.11.2014 in illegal manner, which was challenged by previous committee member by filing Writ Petition No. 2327 of 2015 before this Court, this Court suspended the proceedings dated 22.11.2014 by the order dated 6.2.2015. Again in the year 2016, the Waqf Board constituted another committee by proceedings dated 24.5.2016, thereafter sensing the illegality another committee was constituted by proceedings dated 27.5.2016 for a period of 2 years, challenging the same, Writ Petition No. 6758 of 2016 is filed and it is pending. When the matter is subjudice before this Court, the present impugned proceedings has been issued without considering the representation of the petitioner dated 12.4.2018 and also submitted a panel on 20.4.2018 for constitution of committee. In case of expiring of the term of the earlier committee, as the term of the earlier committee was expiring on 26.5.2018, the existing committee approached the Waqf Board for extending its period. The Inspector Auditor Waqf also submitted factual report on 30.6.2018 confirming the panel submitted by the petitioner but the Waqf Board, when the two panels are submitted in contravention of the Regulations, 2009, passed the present impugned order constituting Managing Committee by extending the existing Managing Committee for a period of two years, which is illegal and arbitrary.

3. Sri M. Mehdi Hussain, learned Counsel appearing for the petitioner would contend that the 2nd respondent Board has been constituting the Managing Committee for the registered Waqf Jamia Masjid, Bada Ashoorkhana and Muslim Grave Yard, situated at Venkatagiri Town of SPSR Nellore District, contrary to the provisions of Section 18 of the Waqf Act, 1995 and the Regulations, 2009, without following the procedure of election provided under G.O.Ms. No. 74, for constituting the Managing Committees, when two panels are received from the Mussalies, the extension of period of existing Managing Committee by two more years from the date of its expiry is illegal and it is liable to be set aside.

4. Heard the learned Government Pleader for Social Welfare, appearing for the 1st respondent, Sri Md. Gayasuddin, learned Counsel for the Waqf Board/2nd respondent, Sri Ch. Vidya Sagar, Advocate for the 3rd respondent/Caveator, representing by the President, Sri Karimullah.

5. Learned Counsel for the 2nd and 3rd respondents made their submissions stating that the 3rd respondent Managing Committee constituted by the Board, exercising its power under the provision of Section 18 of the Waqf Act, 1995 and under Regulations of 2009, by extending the term of the existing Managing Committee