Syed Qasim Manzoor [r/iya v. reminder dated. '03.08.2024 and 05.11.2024 as illegal

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.2 to initiate proceedings under section 70 and 71 of the wakf Act, 1995 against [Vr. Syed Allandad Mehdi for committing irregularities in the administration of Wakf lnstitution i.e., Masjid Moosa Miya with its attached properties situated at Chanchalguda Hyderabad, T.G., with the sole intention to usurp the valuable wakf properties in pursuance to the representation of the petitioner dated.03.05 2024 with Affidavit and reminder dated 03.08.2O24 and 05.11.2024 pending disposal of the Writ Petition in the interest of justice and equity. Counsel for the Petitioner: SRI MD.ABDUL MATEEN QURESHI Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE Counsel for the Respondent No.2: SRI FARHAN AZAM KHAN, SC FOR WAQF BOARD The Court made the following: ORDER I HONOURABLE SRI IUSTICE B' VIJAYSEN REDDY WRIT PETITION No.6036 oF 2025 ORDER:(ORAL) This writ petition is filed by the petitioner sebking to declare the action of respondent No.2 - the Telangana State waqf Board, in not considering his representation dated 03'05'2024 by taking action against one Mr. Syed Allahdad Mehdi under Sections 70 andTloftheWaqfActlgg5(forshort.Act'),asbeingillegal' arbitrary and unconstitutional'

2. Heard Mr. Abdul Mateen Qureshi' learned counsel for the petitioner; Mr. Farhan Azam Khan, learued Standing Counsel for Waqf Board, and perused the material on record'

3. The case of the petitioner is that one Mr' Syed Allahdad Mehdi is the self styled Muthawalli of Waqf institution by name 'Masjid Moosa Miya' with its attached properties bearing Municipal Nos.l6-4-651, 16-4-65lll' 16-4-741' 16-4-74111' 16-4-742, 16-4-743,16-4'744, 16-4-746 nd 16-4-747' situated at Chanchalguda, Hyderabad. It is notified as Waqf propefi vide \ \ i { ) Gazette notification No.24-A dated2l.06.l9g4 at Sl. No.14l6 and the addendunr Gazette notification No.27 dated 27.06.201g.

4. Leamed counsel for the petitioner submitted that originally the grandfather of the petitioner by name Mr. Hazrath Syed lsmail @ Moosa Miya Sahab Qibla (Rh) was the Muthawalli of the subject waqf properfy and after his death, the father of the petitioner by' name Mr. Syed Mohammed Roshan Miya Sahab Qibla (Rn) was the Sajjada Nasheen and de factct Muthawalli and was performing religious rites. That thereafter, Mr. Syed Allahdad Mehdi who is the step brother of the petitioner's father styling himself as Muthawalli committed several irregularities in the manageme,t of the waqf institution and arso craimed that it is not a waqf. It is srated that Mr. Syed Allahdad l\4ehdi committed irregularities with an intention to usurp and damage the subject waqf property. The petitioner submifted representation dated 03.05.2024 to take action against the said Muthawalli i.e. Mr. Syed Allahdad Mehdi but so far no action has been taken. I 3

5. Lqamed counsel submitted that Mr' Syed Allahdad Mehdi got filed a suit in O.S. No.1342 of 2005 on the file of the learned I Additional Judge-cum-Vl Senior Civil Judge' Cify Small Causes Court, at Hyderabad, for partition of the subject waqf property in collusion with the plaintiff in the said suit i'e' his brother by name Mr. Syed Yakhoob Khundmiri and the same was dismissed by order dated 29-11.2023. That an appeal in A'S' No'64 of 2024 was filed by Mr- Syed Allahdad Mehdi on the file of the leamed Xl Additional Chief Judge, City Civil Court' at l{yderabad challenging the judgment dated 29 'l l '2023 passed in O.S. No.l342 of 2005 and the same is pending' It is submitted that the appointment of Mr' Syed Allahdad Mehdi as Muthawalli is the subject matter of C.R'P' No'5951 of 2018 which is filed by the petitioner and pending adjudication' The grievance of the petitioner is that respondent No'2 has 6 not considered his representation dated 03.05.2024 and has not taken any action against Mr' Syed Allahdad Mehdi who I I I I I I 4 committed irregularities with an intention to usurp the subject waqf propertv, as such,, he was constrained to approacl.r this Court.

7. Learncci Standing Counsel for Waqf Board appearing for respondent No.2 submitted that appropriate action will be taken on tlre representation submitted by the petitioner in accordance with law.

8. In vieu o1' the aforesaid submission, this writ petition is disposed of- directing respondent No.2 to consider the representation ol'the petitioner dated 03.05.2024 in accordance with the procedure contemplated under Sections 70 and 7l of the Act, by giving opporlunity of hearing to the petitir>ner and to Mr. Syed Allahdad Mehdi and to all other concerned/interested pcrsons and pass appropriate orders in accordance with law, without causing prejudice to any ofthe pending legal proceedings, as expeditiously as possible preferably within a period of two (2) months from thc date of receipt of a copy of this order. There shall he no order as to costs. I I As a sequel thereto, miscellaneous applications, if any, pending 5 in this writ petition shall stand closed' I sDI'' I ,TTRUE COPY/I "ts'"#BHH3lsH?A / i SECTIO( OFFICER ' Department' secretariat' - Board' office a'Razzak "', ;ffi",IJlol'811,"??T3l3fln;nllinor*Y ::::: , TA"":-i,ft:ft""i'i:*ffi4,iln'::::, 3. one cc to sRl I\/l';;;;^TEEN ouRESHl' Advocate toPucl 4. ONC CC tO SRI ,O*A*"A,A* KHAN' SC FORWAOF BOARD IOPUCI ' +gg"3i;:1ff"1d;+io,-'*"'o*'' Hish court {or the State or

6. Two CD CoPies BSR GJP / I ! HIGH COURT DATED: 28t0212025 1E-. a) 't1 .?: r! 'J- -$.\ \-c v '');i3t -:-=; ORDER WP.No.6036 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS q / I /x