WP/1728/1996 of K.DHANARAJU Vs M.R.O. RAJAHMUNDRY on 11 December 2002

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND NINE

: PRESENT:

THE HON'BLE SRI JUSTICE V.ESWARAIAH

AND

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR

WRIT PETITION NOs: 11349 of 1996 & WP NO. 11728 OF 1996

WP. NO. 11349 OF 1996

Between:

The Assiciation of A.P. Sajjada Nasheens, Mutawallies & Khidmat Guzaram ofWakfs, rep. by its President Soofi Shah Mohd. Sabir Ali, S/o. Hazrat Soofi Yasin Ali,R/o. H. No. 21-2-678, Urdu Shareef, Behind Pattargatti, Hyderabad-2.

AND

..... Petitioner

1. The Union of India, rep. by its Secretary, (Law) Department, Sastry Bhavan,New Delhi.New Delhi.

2. The Government of Andhra Pradesh, rep. by its Secretary, Minority Welfare& Wafk Department, Secretariat, Buildings, Hyderabad.& Wafk Department, Secretariat, Buildings, Hyderabad.

3. The A.P State Wakf Board, rep. by its Secretary, Razzack Manzil, PublicGarden Road, Hyderabad.Garden Road, Hyderabad.

4. S.A. Majeed, Deputy Secretary to Government, Law Department, R/oRoom.No.326, J-Blook, III Floor, A.P. Secretariat, Hyderabad.Room.No.326, J-Blook, III Floor, A.P. Secretariat, Hyderabad.

.....Respondents

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a writ, order or direction more particularly one in the nature of Writ of"Mandamus" declaring the provisions of the Wakf Act, 1995 (Central Act No.43/1995) more particularly the Provisions of Section. 14 of the Wakf Act asunconstitutional, arbitrary and violative of the Articles 14, 25 and 26 of theConstitution of India; W.P. NO : 11728 of 1996

Between:

All India Shia Organisation, a body Registered under the A.P. (Telangana Area)Societies Registration Act, 1350 Falsi, and rep. by its Joint Secretary, Mirza MehdiAli Baig, S/o. Mirza Mustafa Ali Baig, R/o. 12-1-739, Asifnagar, Hyderabad andhaving its office at 17-3-270/SRT, Yakutpura, Hyderabad.

..... Petitioner

AND

1. The Union of India, rep. by its Secretary (Law) Department, Sastry Bhavan,New Delhi.New Delhi.

2. The Government of Andhra Pradesh, rep. by its Secretary, Minority Welfare& Wak Department, Secretariat Buildings, Hyderabad.& Wak Department, Secretariat Buildings, Hyderabad.

3. The A.P State Walk Board, rep. by its Secretary, Razzack Manzil, PublicGarden Road, HyderabadGarden Road, Hyderabad

4. S.A. Majeed, Deputy Secretary to Government, Law Department, R/o.Room NO. 326, J-Block, III Floor, A.P. Secretariat, Hyderabad.Room NO. 326, J-Block, III Floor, A.P. Secretariat, Hyderabad.

(R4 is dismissed for default, vide Court order dated: 21-06-2001)

.....Respondents

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a Writ, Order or Direction more particularly one in the nature of Writ of"Mandamus" declaring the Provisions of the Wakf Act, 1995 (CentralAct.No.43/1995) more particularly the Provisions of Section.14 of the Walk Act as unconstitutional, arbitrary and violative of the Articles 14, 25 and 26 of theConstitution of India; These petitions coming on for hearing, upon perusing the petitions and theaffidavits filed herein and upon hearing the arguments of Sri K. Pratap Reddy,Senior Counsel appearing for Sri P. Vijaya Bhaskar Reddy, Advocate for thePetitioners in both the WP Nos. 11349 & 11728 of 1996 and of Sri A. RajasekharReddy, Assistant Solicitor General of India for the Respondent No. 1 and of Sri A.Satya Prasad, Special Government Pleader for Respondent No. 2 and of Sri A.M.Rafi, Advocate for the Respondent No. 3, in both the Writ Petitions, the Court madethe following // TRUE COPY //

ASSISTANT REGISTRAR

for ASSISTANT REGISTRAR

To

1. The Attorney General of India, Supreme Court of India, New Delhi.(BYRPAD with copies of petitions and all the material papers with a copy ofNotice)RPAD with copies of petitions and all the material papers with a copy ofNotice)

2. Two CCs to the Advocate General, High Court of A.P., Hyderabad (BYSPECIAL MESSENGER)SPECIAL MESSENGER)

3. Two CCs to Sri A. Satya Prasad, Special Government Pleader, High Courtof A.P., Hyderabad. (OUT)of A.P., Hyderabad. (OUT)

4. Two CCs to the G.P. for Social Welfare, High Court of A.P., Hyderabad(OUT)(OUT)

5. One CC to Sri A.M. Rafi, Advocate (OPUC)

6. Sri A. Rajasekhar Reddy, Assistant Solicitor General of India, High Court ofA.P., Hyderabad (BY SPECIAL MESSENGER)A.P., Hyderabad (BY SPECIAL MESSENGER)

7. One spare copy.

Ksv

KsvDate of drafting: 07-02-2009

HIGH COURT

VEJ&VVAJ

DATE: 03-02-2009

NOTE: POST ON 16-03-2009