The High Court · 2025

Petrtion under Section 151 CPC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the operation of the impugned order dated 10 01 .2025 in lA No 3 of 2024 and C 3 No.19.1 1 of 2024 of2024, pending drsposal of the present appeal lA NO: 2 OF 2025 Between: Mohammed Akbar, Sio. MohammedYousuf , Age.42 years. Occ. Bustness H.lJo.9-11-169, Jinsi Bazaar, Golconda Hyderabad - 500008 ... Petitione r/Res Pondent No.1 AND 2 1 Sri Tafseer lqbal, IPS Principal Secretary, Mrnoritv State of Telangana, Secretariat, Hyderabad-500022. Srr Shark Lryakat Hussain S/o. Shaik Hussain, Age. Officer. Telangana State Waqf Board, Razzak Manzil, F Garden Nampally Hyderabad 500001 . Syed Azmatullah Hussain, Chairman, Telangana Stat l llal House Burlding. Nampally, Hyderabad - 500 001 ...Res .Jahangir Khan, S/o Late Sattar Khan, Occ: Bu: 36912111126 SRT Nagar. Borabanda, Hyderabad - 500, ...ResPonde J 4 Petitron under Sectron 15'1 CPC praying that in the rn the affidavit filed in support of the petition, the Hrgh Co r vacate the rnterim orders passed in lA No.1 of 2025 in LPI' 1210212025 and rssue directions to the lrlrnority Welfare De 1 regular Chief Executive Officer to the Telangana State Wa Section 23 of the Waqf Act, 1995 by removing Mohamme ,r office (which is on deputatron), rn the interest of justice. Counsel for the Appellants: ADVOCATE GENERAL Weifare Department, 55 yea rs, Authorised aj House, Opp Public Waqf Board. office at :ondents/Appella nts iness, R/o.H. No.8-4- 1B rURespondent No.1 :ircurnsta nces stated t may be pleased to \o 1 of 2025. dated artment to appornt a 1f Board in terms of Asadullah f rom the Counsel for the Respondent No.1: M/s. Bharadwaj Associa'es Counsel for the Respondent No.2: Sri Mohd. Afzaluddin The Court delivered the following: JUDGMENT --- 1 THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRJ JUSTICE VAKITT RAMAKRISHNA REDDY L.P.A. No. 1 of 2O25 JUDGMENT: lPer Hon'ble Si Justice Vakiti Ramakishna Reddyl This Letters Patent Appeal has been preferred challenging the orders passed in I.A. No. 3 of 2024 in Contempt Case No. 1911 of 2024 in W.P. No. 274L8 of 2023, primarily rega-rding the non- appointment of a regular Chief Executive Officer (CEO) for the Telangana State Waqf Board pursuant to the directions issued by the learned Single Judge in W.P. No. 27418 of 2023 dated

28.O2.2024, and subsequent events.

2. We have perused the voluminous materia,l on record, considered the submissions made by the learned counsel, and the subsequent development of issuance of Government Orders and Board Resolution and make the following order: BACKGROUND 2 -

3. The Single,Judge, by order dated 2a.a2.2024, directed appointment of a regular, full-time CEO for th: Telangana State Waqf Board in terms of Section 23 of the Waqf ,Ar t, 1995, within a period of four months.

4. Due to interim administrative arrangemr r ts and ensuing delays, contempt proceedings were initiated.

5. During pendency of the proceedings arrd thisr Appea-I, the State Government issued G.O. Rt. No. 1i67, dated 3l .Ct .2024, allocating the services of Mr. Md. Asadullah, Special Grade )eputy Collector, HMDA, for appointment as full-time CEO cf the Board on deputation for arl initial period of one year, and h: assumed charge accordingly. This posting was further ratihed b1, ltoard Resolution No. 483 dated 26. 1O.2024.

6. Consequentia-l G.O. Rt. No. 72, dated I2.O<.).i O24, was issued relieving the in-charge officer and conhrmi, ; the full_time appointment. 3

7. AII stakeholders have acknowledged this subsequent event and the fact that Mr. Md. Asadullah is functioning as CEO. FINDINGS

8. We have taken judicial notice of the subsequent development, i.e., appointment and assumption of charge by a regular Chief Executive Officer, in compliance with the direction of the learned Single Judge, a-lbeit belatedly, but before effective consideration by this Court. g. In view of the above and the admitted position that the incumbent CtrO has been duly appointed and has assumed charge, nothing further survives for adjudication in the present appeal.

10. Questions raised by the appellant regarding the eligibility of the incumbent or the procedural complialce under Section 23 of the Waqf Act may, if at all, be separately agitated in an appropriate forum, if Iegally permissible, but do not survive for consideration in the present Letters Patent Appeal. 4 ORDER

11. In iight of the above ald tal<ing into accorr-rt that the State Government has appointed a regular CEO for ttr Waqf Board, an appointment which has been duly ratihed by the : oard and notified by the Governmenl, till 11.O9.2O25, the Appea,l slmds disposed of as infructuous. No further directions a_re necr:i ,sarv in view of compliance with tht: operative directions in W.p. lxr,. 27418 of 2023 In the facts and circumstances of the case, there ;hall be no order as to costs. As a sequel, all pending applications, if ar., in this appeal stand closed. ,TRUE COPY// sD/-n/t BA \ro MANA KRISHNA INT REGISTRAR Stcrroru oFFtcER Sri Tafseer lqbal, IPS Principal Secretary Minority Wele -e Department, Age 43 years State oi Telangana. Secretariat, Hyderabad-s0i 022 One CC to Advocate General tOpUCl One CC to M/s. Bharadwaj Associates, Advocate [OpU,l One CC to [\4ohd Afzaluddin, Advocate tOpUCl Two CD Copies To, 1 2 3 4 5 llllaK ,lb, z^: /.:*-' z) i:.- 't.. [ 4 t:C 20fr : \ \ HIGH COURT DATED:0711012025 JUDGMENT LPA"No.1 of 2025 THE APPEAL IS DISPOSED OF AS INFRUCTUOUS (I 1{ ?\ t\