Registered No. HSE-49/2016
W.No.42 AMARAVATI, WEDNESDAY, OCTOBER 21, 2020 G.258 PART II - MISCELLANEOUS NOTIFICATIONS OF INTEREST TO THE PUBLIC --x--
NOTIFICATIONS BY HEADS OF DEPARTMENTS Etc.,
MINORITIES WELFARE DEPARTMENT
(IDM)
Memo.No.MNW01-MMS0WAQF(RWI)/12/2018-IDMMWD.
Dt: 15/07/2020.
KRISHNA DISTRICT -BHAVANIPURAM, VIJAYAWADA - DARGAH HAZRATH SYED GALIB SHAHEED -THE DARGAH W ITH ITS ENTIRE ATTACHED W AQF PROPERTIES UNDER DIRECT MANAGEMENT OF A.P. STATE WAQF BOARD - WP NO.36830/2018 FILED BEFORE HON'BLE HIGH COURT - W.A.NO.1470 FILED IN WP NO.36830/2018 - DISPOSED OF APPEAL OF THE MUJAWARS OF THE DARGAH TO GOVERNMENT UNDER SUB-SECTION (2) OF SECTION 65 OF WAQF ACT, 1995 - REJECTED - ORDERS - ISSUED.
Ref : 1. Representation/Petition of the Jamaat-e-Mujavars of the Dargah-e-Shareef of Hazarath Galib Shaheed, dated 31-10- 2018 filed before the Government U/s 65 (2) of Waqf Act, 1995.
2. Government Memo No.1934180/IDM/A1/2018, Dt: 16-11-2018 addressed to the CEO, APS Waqf Board, Vijayawada.
3.Orders of Hon'ble High Court, Dated: 08-11-2018 of W.A.No.1470/2018 in W.P.No.36830/2018.
4. Detailed report from CEO, APS Waqf Board, Vijayawada Bearing F.No.R4/678/ Rent/KSN/2003. Date: 24-12-2018.
5. Representation/Petition of the Mujawars of the Dargah, Dated Nil-10-2018 received on 04-12-2018.
6. Government Memo No.1934180/IDM/A1/2018, dt 24-06-19 addressed to the CEO, APS Waqf Board, Vijayawada.
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2 ANDHRA PRADESH GAZETTE, October 21, 20207. Appeal of the Jamaat-e-Mujavars of the Dargah-e-Shareef of Hazarath Galib Shaheed, Dated: 10-07-2019 received on 12-07-2019.
8. Letter received from Chief Executive Officer, APS Waqf Board, Vijayawada bearing F.No.R4/678/Rent/KSN/2003, Dt: 31-07-2019.
9. Notice received from Sri Sriram& Co, Law Officer, Dt: 05.09.2019.
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In the reference first cited, the President, Jamaat-e-Mujavars of the Dargah-e-Shareef of Hazarath Galib Shaheed Dargah, Bhavanipuram, Vijayawada & other's have submitted a representation/petition before Government against the orders of A.P. State Waqf Board issued vide F.No. R4/678/Rent/KSN/2003, Dated: 29.09.2018 in which the Dargah and other properties have been taken over by the AP State Waqf Board and prayed to set aside the same and direct the said Board not to interfere with the administration of the Dargah and also to direct the Board to pay/release the amounts collected by it from Inam lands of the Dargah as it is their personal grant. In the said representation they have informed that they have filed W.P.No.36830 of 2018 challenging the above orders of A.P. State Waqf Board and the Hon'ble High Court in its orders Dated: 10-10-2018 directed Status- Quo to be maintained and permitted them to file a representation before the Government of Andhra Pradesh under sub-section (2) of section 65 of the Waqf Act, 1995 and hence they have filed the appeal before the Government to redress their grievance.
2. In the reference second cited, while enclosing the petition of the Mujawars of the above said Dargah the Chief Executive Officer, A.P. State Waqf Board was requested to furnish specific remarks/report on the petition.
3. In the reference fourth cited, the Chief Executive Officer, A.P. State Waqf Board has furnished detailed remarks with relevant evidences/documents on the petition of the Jamaat-e-Mujavars of the Dargah-e-Shareef of Hazarath Galib Shaheed Dargah, Bhavanipuram Vijayawada & others and informed that the Mujavars of the above Dargah having failed to get favourable orders from the learned Single Judge, of A.P. High Court, they preferred W.A.No.1470/2018 against the orders in W.P.No.36830/2018, Dated: 10.10.2018. The Hon'ble Division Bench of High Court of A.P, in its order Dt: 08-11-2018 in W.A.No.1470/2018 has disposed the case and the operative portion of the order is as follows:-
"The appellants/petitioners are given liberty to resubmit the representation along with a copy of this order within three weeks from the date of receipt of a copy of this order.
The 1st respondent considers and disposes of the representation in accordance with law as warranted by the facts of the case within three months from today.
The parties are directed to maintain status quo till the orders is made and communicated by 1st respondent. The W.A. and the W.P. are ordered as indicated above. No order as to costs. Having regard to the order passed by this Court, and toavoid ambiguity, when the representation is considered by the 1st respondent, we clarify that this Court has not examined the merits of the matter and all issues are felt open for consideration by the 1st respondent.
As a sequel thereto, miscellaneous petitions, if any, pending stand closed."ANDHRA PRADESH GAZETTE, October 21, 2020 3 4. In the reference fifth cited, the Mujavars of the above said Dargah have again submitted a copy of the representation/petition which they have already submitted before the Government in the reference 1st cited.
5. In the reference sixth cited, the Chief Executive Officer, A.P. State Waqf Board was directed to furnish copy of Hon'ble High Court orders Dated: 08.11.2018 in WA No.1470/2018 along with the representation of the Jaamat-e-Mujawars re-submitted, if any, consequent on Hon'ble High Court orders in WP No.36830/2018 and WA No.1470/2018, under intimation to the Mujawars.
6. In the reference seventh cited the Jamaat-e-Mujavars of the Dargah-e-Shareef of Hazarath Galib Shaheed, have submitted their appeals dated 10-07-2019 received on 12-07-2019 and .10.2018 which was received on 04.12.2019.
7. In reply to the Government Memo sixth cited the Chief Executive Officer, A.P. State Waqf Board, Vijayawada vide reference eighth cited, has informed that as per the orders of Hon'ble High Court dated 08-11-2018 in W.A.No.1470 of 2018 and W.P. No.36830/2018, it is for the appellants/ Mujavars to re-submit their representation to Government and also informed that the said representation is not available with his office. However, he has furnished a copy of petition/representation of the Mujavars filed under subsection (2) of section 65 of the Waqf Act,1995, Dated: 31-10-2018, the same has already been received by Government (on 31-10-2018).
8. In the reference ninth cited, the Sriram & Co., Law Offices has sent a notice to Principal Secretary to Government, Minorities Welfare Department, on behalf of their clients (Mujawars) to comply with the orders of the Hon'ble High Court Dt: 08.11.2018, as their clients submitted representations to Government on 31.10.2018 and 04.12.2018 in pursuance of the Hon'ble High Court orders Dt: 10.10.2018 and 08.11.2018.
9. Government carefully examined the appeal of the Muzawars / appellants / applicants in W.A.No.1470/2018 and W.P.No.36830/2018, in the light of the report of Chief Executive Officer, AP State Waqf Board together with its supporting material/documents, provisions laid down in the Waqf Act, 1995 and Hon'ble Apex Court directions in Sayyed Ali And Ors vs Andhra Pradesh Waqf Board (1998) 2 SCC 642, has came to a conclusion that the grant of Inam referred to in the Survey Commissioner's report, Dated: 26-11- 1955 and got published in the A.P. Gazette No.26, Part-II, Dated: 28-06-1962 at, page Nos.710 and 711 under SI.No.747. As such, the property is purely and exclusively endowed for the purpose of maintenance of the subject notified Waqf institution by name Hazarath Syed Galib Shaheed, Bhavanipuram as a service burdened Inam.
10. The appellants shall be noted that the mere mention of a person's name or individual's name in the document of Inam grant or title deed with a specific condition of service burden, does not create any title or right to such individual whose name recorded in the Inam document. The object of Waqf or the purpose of endowing such Inam lands in the subject case is, for the maintenance of subject notified Waqf institution Hazarath Syed Galib Shaheed Dargah and also to perform religious, spiritual functions by and of the income of endowed Waqf property. It is also mentioned that the meaning of "Inam" is gift granted to look after the affairs of the subject Darga (Institution) which comes under the4 ANDHRA PRADESH GAZETTE, October 21, 2020 purview of the Waqf. Further, as per Section (4) of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956, the land under service Inam read with Section 3(r) of the Wakf Act, 1995 shall only be held on the name of Institution/ Endowment itself.
11. Therefore, the representation/appeal made by the Muzawars of Dargah Hazarath Syed Galib Shaheed, Bhavanipuram filed before the Government under sub-section (2) of section 65 of the Waqf Act,1995 vide references 1st, 5th, and 7th cited are hereby examined with reference to the above Acts and provisions is hereby rejected.
12. Accordingly the lands and movable and immovable properties referred in the Writ Appeal 1470/2018 in WP No.366830/2018 are an absolute properties of AP State Waqf Board i.e., Syed Galib Shaheed Dargah, Bhavanipuram, Vijayawada (In Sy.No10 Ac.45.76 Cts, Sy.No.64/2 Ac.1.57 Cts and Sy.No.63 Ac..35.20 Cts) and at Gollapudi village (Sy.No.600, Ac.16. 73 Cts and Sy.No.608, Ac.16.85 Cts).
13. The Muzawars / appellants / applicants are the management of subject Dargah from time to time recognized or constituted or appointed by the Andhra Pradesh State Waqf Board by way of an order, shall comes under the purview of the Waqf Act,1995 and the Rules made there under and such managements / authorities are bound to abide the provisions of the Waqf Act, 1995 and the Rules.
Dr. MOHD ILIYAS RIZVI, Principal Secretary to Government. To The President, The Muzawars / appellants / applicants, of the Dargah-e-Shareef of Hazarath Galib Shaheed Dargah, Bhavanipuram, Vijayawada-520012, A.P., (By regd.post with Ack due).
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