Telangana High Court
WP/23591/2004 of Hazarat Syed Ali Ishad Madani Auliya (RA) Vs The Government of Andhra Pradesh, (Waks Department) on 24 December 2007
G. YETHIRAJULU W.P.No.23591 of 2004 Dated this the 24th day of December, 2007 Between: “Hazarat Syed Ali Ishaq Madani Auliya (R.A) Dargah Mucasa” A registered Trust, rep.by the General Secretary, Sk. Ahmed, s/o. Shaik Abdul Nabi, R/o. MIG 2-B, 100 Sujatha nagar, China Mushidi
HON’BLE Dr. JUSTICE G. YETHIRAJULU
W.P.No.23591 of 2004
Dated this the 24[th] day of December, 2007
Between:
“Hazarat Syed Ali Ishaq Madani Auliya (R.A)Dargah Mucasa”A registered Trust, rep.by the GeneralSecretary, Sk. Ahmed, s/o. Shaik Abdul Nabi,R/o. MIG 2-B, 100 Sujatha nagar,China Mushidi Wada, Visakhapatnam. .. Petitioner
AND
The Govt. of A.P. (Wakfs Department),Rep.by its Principal Secretary,Minorities Welfare & Wakf Department,Secretariat Buildings, Saifabad,Hyderabad-4, and 5 others .. Respondents HON’BLE Dr. JUSTICE G. YETHIRAJULU
W.P.No.23591 of 2004
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ORDER:
This Writ Petition has been filed by the petitioner seeking to issuea direction to the third respondent-A.P. State Wakf Board to spend theincome of the Wakf properties as contemplated under Rule 23 of theWakf Rules, 2000 and to take appropriate and necessary action forimplementation of the instructions and directions issued by theGovernment according to law.
2) It is the contention of the petitioner that some of the Wakfproperties have been sold and the amount was lying in fixed deposit. Out of the interest amount, the Wakf Board is supposed to undertakerepairs and to spend money for maintenance of the petitioner-Darga. As the Wakf Board did not evince any interest in getting the repairsand looking after the maintenance of the petitioner-Darga, this writ petition has been filed seeking the above direction.
3) This Court through the order dated 08.04.2005 inW.P.M.P.No.30959 of 2004 passed an elaborate order directing therespondents to act in accordance with the Rule 23 of the AndhraPradesh Wakf Rules 2000.
4) The learned counsel for the petitioner-Darga submitted thatwhen the respondents have not implemented the interim directionpassed by this Court, a Contempt Case covered by C.C.No.1234 of2005 has been filed and it is also pending before this Court.
5) Under Rule 23, it is the obligation of the respondents tospend some amount for maintenance of the petitioner-Darga, which ispart of the Wakf property. The intention of the respondents in keepingsilent without taking any action in pursuance of the direction given bythis Court is not known.
6) In the light of the circumstances explained by the petitioner,the interim direction shall be treated as the final order in this writpetition and the respondents are directed to take necessary steps forundertaking the repairs, if any, and for maintenance of the petitioner-Darga, within two months from the date of receipt of copy of this order,failing which the petitioner-Darga is at liberty to take further actionaccording to law.
7) Accordingly, the Writ Petition is disposed of.
No order as to costs.
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Dr.G. YETHIRAJULU, J
Date: 24-12-2007Isn