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SUREPALLI NANDA
Mohammed Akif Safvan – Appellant
Versus
State of Telangana – Respondent
ORDER :
Heard learned counsel for the petitioner, learned Government Pleader for Home, learned Government Pleader for Minorities and Mr Abu Akram, learned standing counsel for the 3rd respondent – waqf board.
2. This writ petition is filed to issue writ of Mandamus declaring the proceedings bearing F.No.07/HYD/C/2018/Z-1, dated 06.08.2022 issued by the Chief Executive Officer, Telangana State Waqf Board as highly illegal, arbitrary, unconstitutional, infringing of petitioners fundamental and legal rights apart from violative of Waqf Act, 1995, Andhra Pradesh Waqf Managing Committee (Constitution, Functions and Duties) Regulations,2009, action of the respondents in constituting the committee through impugned proceedings is highly illegal, arbitrary, unconstitutional.
3. The case of the petitioner, in brief, is as follows:
b) H.No.11-3-912 is the Jamia Masjid, Mal
The main legal point established in the judgment is the importance of fair panels and the mandatory election process under Section 5(2) of the Andhra Pradesh Wakfs Managing Committee Regulations, 200....
The Waqf Board acted without jurisdiction in recalling the managing committee's appointment, violating statutory procedures and principles of natural justice.
The Chairman of the Waqf Board has the authority to appoint a new Management Committee post supersession based on the provisions of the Waqf Act.
Appointment of Waqf managing committees must comply with statutory regulations, ensuring adherence to principles of natural justice and election procedures when multiple applications exist.
The central legal point established in the judgment is the requirement for fair enquiry and proper procedure before removing office bearers, as mandated by the Wakf Act.
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