Andhra Pradesh High Court - Amravati
Dargah Hazarath Gudam Shah Valli, ... vs The State Of Andhra Pradesh, on 4 December, 2020
Author: M. Ganga Rao
Bench: M. Ganga Rao
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.22877 OF 2020
ORDER:-
This Writ Petition is filed to issue a Writ of Mandamus direct the 2nd respondent to extend the tenure of present Managing Committee of Dargah Hazarath Gudam Shah Valli, Waqf Institution at Padugupadu Village, Kovur Mandal, Nellore District for further period, which was constituted through proceedings F.No.33/NLR/K/2004/Z-IV dated 23.10.2017 as per Section 18 of Waqf Act, 1985.
2. The Case of the petitioner is that the Dargah Hazarath Gudam Shah Valli at Padugupadu Village, Kovur Mandal, Nellore District is a recognized Waqf Institution. The Dargah and its properties were notified in A.P. Waqf Gazettee No. 18-A Part-II dated 02.05.1965. The Waqf Board had constituted petitioner's managing committee through its proceedings F.No.33/NLR/ K/2004/Z-IV dated 23.10.2017 on considering the report of Inspector Auditor Waqf, Nellore District under Section 18 of Waqf Act, 1995 for a period of two years.
3. During the period of Managing Committee with their sincere efforts got sanctioned grant in aid of Rs. 35,00,000/- by the Government and released fund of Rs. 15,00,000/- for construction of Mosque in Gudam Shah Valli premises. The petitioner's committee started construction work of Dargah without any remarks. The developmental works are in progress during the period of the petitioner's managing committee and the term of the committee comes to an end by 23.10.2019, as such the petitioner has made a representation to the 2nd respondent on 26.09.2019 seeking extension of the term of the existing managing committee 2 for two more years to enabling them to complete the development activities in the Dargah. The 2nd respondent having received the same through Registered Post on 27.09.2019, had not taken any action for extension of the term of the petitioner's managing committee in terms of Section 18 of the Waqf Act, 1995.
4. The petitioner's managing committee is discharging its duties, by is continuing and taking up the developmental activities and utilizing the grant in aid released by the Government, without any complaints.
5. Heard learned counsel for petitioner Sri T.D.Phani Kumar and learned standing Sri Shaik Karimullah appearing for 2nd respondent.
6. The petitioner's Managing Committee is constituted on 23.10.2017 as per Section 18 of the Waqf Act, 1985 for a period of two years and its term expired on 23.10.2019. The petitioner's managing committee made representation dated 26.09.2019 for extension of term of the Managing Committee of Dargah Hazarath Gudam Shah Valli. The petitioner's committee is continuing developmental activities of the Dargah with the grant in aid funds released by the Government. The term of the managing committee needs to be extended to look after the further constructions in the Dargah. In the absence of the managing Committee, no funds could be utilized.
7. However, in the absence of the Waqf Board, the 2nd respondent/ authority is having power under the provisions of Section 25(1) of the Waqf Act, 1985 it empowers the 2nd respondent to take necessary action for control, maintenance and superintendence of works, exercising its power, the 2nd respondent 3 shall consider the representation of the petitioner for extension of the term of the petitioner's managing committee.
8. Having considered the facts and circumstances of the case, submissions of the learned counsel and on perusal of the record, in the interest of natural justice, this Court felt it appropriate to dispose of the Writ Petition giving liberty to the petitioner to make a fresh comprehensive representation to the 2nd respondent seeking extension of the term of the petitioner's managing committee, on such representation being submitted by the petitioner, the 2nd respondent shall consider the same and pass appropriate reasoned order as per law within four (04) weeks from the date of a receipt of a copy of this order and communicate the same to the petitioner's managing committee.
Accordingly, the writ petition is disposed of. No order as to Costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed.
__________________________ JUSTICE M. GANGA RAO Date: 04.12.2020 Note: Issue C.C by 22.12.2020.
B/o KK 4 THE HON'BLE SRI JUSTICE M. GANGA RAO WRIT PETITION No.22877 OF 2020 Date: 04.12.2020 KK