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Muslim Welfare Society v. Govt. Of A.P.
Factual and Procedural Background
The petitioner, a registered society called Muslim Welfare Society, Narsapur (Medak District), filed a writ petition seeking mandamus against respondents 1–5 to constitute a management committee for maintenance of a Shadi Khana, associated shopping complex and properties in Narsapur. The petitioner relied on G.O.Ms.No.162, Minorities Welfare (MFC) Department dated 09.07.1999, which authorises District Collectors to constitute management committees for Shadi Khanas constructed with Government funds on Government-allotted land and prescribes the committee composition. The record shows Government funds were sanctioned and spent for construction (initial allocations and a later sanction of Rs. 7.75 lakhs), and the constructed buildings (Shadi Khana, kitchen, dining hall, toilets and shopping complex) were delivered to a Muthawalli. The Tahasildar and District Minorities Welfare Officer recorded that the Wakf Board had allotted the land conditionally (to be handed back to the Wakf Board for management after construction) and that the Shadi Khana and shopping complex stood on Wakf land. The Wakf Board did not file a formal counter; its Standing Counsel addressed the court based on the petition record.
Legal Issues Presented
- Whether G.O.Ms.No.162/09.07.1999 empowers the District Collector to constitute a management committee for a Shadi Khana and shopping complex that were constructed with Government funds but on Wakf land (not Government-allotted land).
- Whether the petitioner is entitled to mandamus directing respondents to constitute a management committee in respect of the subject properties.
Arguments of the Parties
Petitioner's Arguments
- The petitioner relied on G.O.Ms.No.162/09.07.1999 and argued that because the District Collector provided funds for construction, the Collector has the power to appoint a managing committee under the G.O.
Wakf Board / Respondents' Position (as addressed by Standing Counsel)
- The Wakf Board did not file a counter, but its Standing Counsel relied on the petition's record showing the Shadi Khana and shopping complex were constructed on Wakf land subject to a condition that the completed buildings be handed over to the Wakf Board for management; the constructed properties were delivered to the Muthawalli, who leased them out.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court examined the language of G.O.Ms.No.162/09.07.1999 and interpreted it to empower District Collectors to constitute management committees only for Shadi Khanas that (a) were constructed with Government funds and (b) stood on land allotted by the Government. Where construction occurred on Wakf land, the G.O. does not apply. In the present case, although Government funds were used for construction, the land belonged to the Wakf Board and was allotted on the condition that the completed buildings be handed to the Wakf Board for management; the buildings were in fact handed over to the Muthawalli. Given those facts, the G.O. was held wholly inapplicable and the District Collector had no jurisdiction under it to constitute a management committee. The court noted that allegations of mismanagement or misappropriation by the Muthawalli are matters for action under the provisions of the Wakf Act, 1995.
Holding and Implications
Holding: The writ petition is dismissed. No costs.
Implications: The District Collector has no power under G.O.Ms.No.162/09.07.1999 to constitute a management committee for Shadi Khana/shopping complex situated on Wakf land even if Government funds were used for construction. Allegations of mismanagement of the Wakf property must be pursued under the Wakf Act, 1995. The opinion does not purport to lay down any novel precedent beyond this application of the G.O. to the facts.
Hon'ble Sri Justice Samudrala Govindarajulu
1. The petitioner which is stated to be a registered society called Muslim Welfare Society, Narsapur of Medak District, filed this writ petition seeking mandamus against the respondents 1 to 5 for constituting committee of management for the maintenance of Shadi Khana, shopping complex and its properties situated in Narsapur village. Claim of the petitioner for appointment of management committee is based on G.O.Ms.No. 162 Minorities Welfare (MFC) Department dated 09.07.1999 issued by Government of Andhra Pradesh. G.O.Ms.No. 162 empowers District Collectors for constitution of committee for the management and maintenance of all matters of Shadi Khanas. It also provides that the management committee shall consist of four local muslims, one muslim woman, a representative of Urdu Academy and local Mandal Revenue Officer as Convenor. It also provides for constitution of management committees where the Government took up construction of Urdu Ghar - Shadi Khanas in the State. The District Collectors were authorised to entrust the work of construction to any Engineering Departments among R&B, Panchayati Raj and APIIC and also allot the lands for construction of Shadi Khanas. From the said contents of G.O.Ms.No. 162 dated 09.07.1999, it is clear that in case Urdu Ghar - Shadi khanas which were constructed by the Government with Government funds after allotting Government lands for such construction, the District Collectors have the power to appoint or constitute management committees in respect thereof. In Narsapur of Medak District, Shadi Khana together with shopping complex was constructed with Government funds. The District Collector allotted Rs. 7.50 lakhs for construction of Shadi khana, out of which an amount of Rs. 7,13,581/-was utilised and Executive Engineer (P.R.), Medak sought for additional funds of Rs. 7.75 lakhs. By order dated 10.02.2004, the District Collector, Medak at Sangareddy sanctioned the said amount of Rs. 7.75 lakhs and released the same. It was in addition to the amounts which were sanctioned for the same purpose by the District Collector, Medak at Sangareddy on 29.10.2001. After construction of Shadi Khana, Kitchen, dining hall and toilets and also shopping complex, all of them were delivered to Muthawalli by the Executive Engineer.
2. It is contended by the petitioner's counsel that since it was the District Collector who gave funds for the construction of Shadi Khana and shopping Complex, the District Collector has got power to appoint managing committee for the same in view of G.O.Ms.No. 162 dated 09.07.1999. Even though the Wakf Board did not file counter in this writ petition, Standing Counsel for the Wakf Board submitted his arguments on the basis of record filed by the petitioner himself. After taking over the constructed items i.e. Shadi Khana and Shopping Complex, Muthawalli of Abbu Saheb Dargah Mohd. Samiuddin leased out the same at Rs. 1,20,000/-per annum.
3. Shadi Khana and Shopping Complex in this case were not constructed in any land allotted by the Government. But, they were constructed on Wakf land allotted by the Wakf Board. The District Minorities Welfare Officer in his letter dated 12.03.2008 addressed to the Tahasildar, Narsapur stated that at the time of handing over Wakf land for construction of Shadi Khana, the Wakf Board allotted the said land with a condition that after completion of Shadi Khana building, the same has to be handed over to the Board for management and maintenance and that on the said condition only the Wakf Board allotted Ac.2.00 in S.Nos. 59 and 60 of Wakf land vide proceedings dated 15.12.1998. In view of the said particulars given by District Minorities Welfare Officer, the Tahasildar raised a dispute whether he can send proposals for constitution of management committee for Shadi Khana.
4. On consideration of the language contained in G.O.Ms.No. 162 dated 09.07.1999, it is clear that the District Collectors are empowered for constitution of committees for management and maintenance of all matters of Shadi Khanas, only in cases where they were constructed with funds allotted by the Government and also on land allotted by the Government. In case, Shadi Khanas are constructed on Wakf land and not in Government allotted land, G.O.Ms.No. 162 dated 09.07.1999 has no application. In this case, Shadi Khana and Shopping Complex at Narsapur were constructed though with Government funds, on land belonging to Wakf Board; and the said construction was made conditionally to the effect that after construction, the constructed properties should be handed over to the Wakf Board for management and maintenance. In pursuance of the said condition imposed by the Wakf Board at the time of allotment, Shadi Khana and Shopping Complex was handed over to Muthawalli. In such a case, G.O.Ms.No. 162 dated 09.07.1999 is wholly inapplicable and the District Collector has no power or jurisdiction for constitution of management committee. In case, there is any mismanagement or misappropriation of funds by Muthawalli, it is open to members of petitioner society to take steps in that regard under the provisions of the Wakf Act, 1995. In the result, the writ petition is dismissed. No costs.
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