WP/28314/2016 of S.M. Nasir Sab Vs The State of A.P rep by its PrI. Secretary to the Government

APHC010700122016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329] (Special Original Jurisdiction) MONDAY ,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28314/2016 Between: S.m. Nasir Sab ...PETITIONER AND The State Of A P Rep By Its Pri Secretary To The ...RESPONDENT(S) Government and Others Counsel for the Petitioner: 1. M MEHDI HUSSAIN Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE (AP) 2. MOHAMMED GAYASUDDIN 3. S ARIFULLAH (SC FOR AP WAQF BOARD) The Court made the following: ORDER: 1. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 2. The case of the petitioner is that the 2nd respondent, the Wakf Board, invoked Section 65 of the Wakf Act, 1995, and took over the management of the institution, which is contrary to the provisions of Sections 64, 70, and 71 of the Wakf Act, 1995. 3. The learned counsel for the petitioner submits that, in view of the scheme of the Wakf Act, 1995, the 2nd respondent/Wakf Board cannot take over the management without following the procedure contemplated under Sections 64, 70, and 71 of the Act. Hence, the pr