Shahi Jamia Mosque, v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.26344 of 2018 ORDER:

Heard Mr.S.M.Subhani for petitioner and Mr.Veera Reddy, learned senior counsel for 2nd respondent. The petitioner prays for the following relief: ".......Writ of Mandamus, declaring the inaction of the 2nd respondent for not renewing the term of Petitioner Managing Committee for further period inspite of Petitioner representation dated November 2017 and the report submitted by the Inspector Auditor of Wakf, YSR Kadapa District vide F.No.IAW/2397/KDP/2017, dt.15.3.2018 is being illegal, arbitrary, unconstitutional against he provisions of Wakf Act 1995 and the A.P. Wakf Managing Committee (Constitution, functions and duties) Regulations 2009........."

The 2nd respondent places on record the communication dated 17.07.2018 and submits that prayer as made in the writ petition does not survive and therefore the writ petition is required to be dismissed. Mr.Subhani submits that bringing the subject institution under the direct control of Wakf Board without constituting a committee is again contrary to the spirit of Wakf Act and therefore, some time schedule may be prescribed for constitution of committees in accordance with law.

Mr.Veera Reddy on instructions informs that as on date, we have not received proposals from one or more

committees to take a decision in this behalf. The Wakf Board/2nd respondent takes up the issue as and when the proposals for constitution of committees are received. The statement is placed on record and the writ petition is disposed of by this order:

The petitioner or a panel interested in the institution is given liberty to apply to 2nd respondent for consideration as member or constitute the committee. The 2nd respondent takes a decision within two (02) months from the date of receipt of copy of this order. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed.

________________ S. V. BHATT, J Date: 30.07.2018 dv