The High Court · 2025

Judgment

1. 2 .2 4 l ...PETITIONER Iif":n'sffi#iltsJ3",;:Bii,!ft ::i;:ll"toGovernment,Deptor The State lnformation Com g"Fil",..ff :rff ad_,#sffi 1,;#lT'-Til131q9""'il,i]ff 't[".=,, officer' Telangana State waqf Board, Haj The Appallate public lnfom Hcuse, Namparry, nyoerao]llion IHSliilE;:"#l:S1'er/Pro, reransana state waqr Board, Haj House,

...RESPONDENTS Petition under Articre 226 0r the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate Writ/order or Direction more particurarry one in the nature of writ of Mandamus, decraring the action of Respondents in not furnishing the rnformation pursuant to the petitioners apprication dt. 2g-4-2o23 made under RTr Act seeking information, as being iflegar, arbitrary and viorative of the provisions of the Right to rnformation Act 2005 and voirative of Articres 14, 19(1)(a) and 21 o! the constitution of rndia and consequenfly direct Respondents to furnish information pursuant to the petitioner's apprication dt. 29-4-2023. lA NO: 1 OF 2023 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 directed to provide information sought by Petitioner pursuant to his application d1.29-5-2023 under The Right to lnformation Act 2005. Counsel forthe Petitioner: SRI MOHD.LATEEF KHAN Counsel for the Respondents No.1 : GP FOR MINORITY WELFARE Counsel for the Respondents No.2 : Counsel forthe Respondent No.3&4:SRl FARHAN AZAM KHAN, SC FORWAKF The Court made the following: ORDER I HON'BLE SRI JUSTICE NAGESH BHEEMAPAI{A WRIT PETITION No. 23482 OF 2023 ORDER: Petitioner appearing party-in-person claims to be the Secretary, ln-charge of Muslim Graveyard, Tadban sought information mentioneC in the Application dated 29 .O4.2O23 under the Right to Information Act, 2OO5 (for short, 'the ActJ. His complaint is that respondents are not furnishing the said information rvhich is nothing but violation of Articles ,.14, 19(i)(a) and 27 of the Constitution of India.

2. The bricf iacis of the case are: Muslim Graveyard, Tadban is a notified waqf lr'hich comprises of graveyard, dargah a' Syed Saheb and tu,o dilapidated mosques in an area of Acs.8.OO enclosed by a compound wall. It is stated after completion of term of Managing Committee constituted in 2019, elections were scheduied to be held on 13.02.2022 uide totice dated O1.O2.2O22. On the date of election, some anti-social elements led by trhsan Ahmerl and his henchmen created mayhem and disrupted election due to which it was cancelled; on the advice of policc and elde rs, meeting was held on 16.02.2022 and election rvas rescheduled on 20.O2.2022, however, the same was -) cancelied or) the disturbance caused by Mohammed ,rtbid and others. Therefrrre, petitioner filed O.S.No. 19 of 2022 on the hle of Telangana Sitate Waqf Tribunal for injunction again:;t Mohd. Abid and his henchmen rvho hied counter suit and committed i11ega1 activLtLe s in the property. Considering the ni_rmerous representati(lns made bv petitioner, it is stated, thc I espector Auditor personally visited the institution on 16.05.1)O23 and fi1ed a detaile c report on 27.O8.2O22. In the meanrvlLile, Waqf Tribunal uiri'e :ommon order dated 2l.Ol.202'2 in I.I..Nos.261 and 3O8 of 2022 in the suit directcd 'ooth the pzrrties to maintain status quo and the Waqf Board to conduct olcctions rvithin tu.o rronths and report compliance nn '2g.1,3.2022. However, Waqf Board did not conduct elections nor initiiLted any measures th,3l'efor. On the contran., defendant,s tcam has been given the M:Lnaging Committee in the Board,s meetinp, held on

06.04.2023 iride Resolution in Agenda 7 i. To knorv tl-rr: t1pg1r, petitioner is stated to have filed a query with the plO, T,:langana State Waqf Eioard on 29.O4.2023, but the said inlormation was denied as th.e officials expressed their helplessness ancl said that they u.ere under instructions from the top. Since onlv one out of five que.ries was anstvered, he preferred First Alt oeai on 'i

30.O5.2023 and after lapse of statutory period, he approached the Telangana State Information Commissioner and hled Second Appeal / Complaint on O4.O7.2023- As the said post is vacant, having no alrernative, petitioner is before this Court.

3. The Chief Executive Ofhcer of the Waqf Board stated his case that petitioner though as dominus liris could approach any lirm for adjudication of any issue whatsoever but being an Advocate ought to have been more diligenti petitioner has erroneously approached the Telangana State Waqf Tribqpal and sought injunction to the 4fi respondent from discharging functions and sought for erroneous usurption of powers by the a adjudicating authoriLy 4 Heard Sri Mohd. Lateef Khan, petitioner-party-1n- person and Sri Farah Azam Khan, learned Standing counsel for Waql Boa rd .

5. The purpose and object of the Right to Information Act is to empower citizens by enabling them to access information held by government bodies, thereby promoting transparency, accountabili$' in governance and combating corruption by making the government more responsive to the 4 people throu!1h informed cttizenry, essentially. it aims; to make the governrne.nt function transparently and be accourrtable to the public tr1 providing citizens u.ith the right to rcc r rest and .receive inforn:.ation about government activities.

6. S,:r:tion 6 of the Act deals u,ith the re,:luest for obtaining ir:.frtrmation, Section 7 disposal ol reque:;t, r,r,ithin thirty days oi receipt of the said request, Scction 8 ;:rovides exemption fi-o I disclosure of infcrmation and Secrion 9 ,grouinds for rejection to access in cerlain cases r,vhere such .r rec;uest for providing acc.:ss would involve an inlringemcnt of (]r)pvright subsisting to a person other than the State..Se,l1.ion 24 prescribes to lrrhich organisations this Act u'ill not appll .

7. tDr.idently, petitioner in thrs case souglit irttcsred copies of agerLcla with compiete list of items of rhe Tr:Jangana State Waqf Bcrud meeting last held on 06.04.2O03; stzrtus of [he lrle for ErrataL submitted on 24.O9.2018 rx,.i th resoect to \Vaqi ID : Waqf ID HYD/3041-1. Chilla Kakl Shah, 2. Chilla Gareeb Shah, Ghanbzrzar (s)(30), Ward No. 25, Gaz.No. 6I.. Sl.No. 2644, dL. 9.2. t,t89. page No. 161 vide pMSID: 2O18Ott),4 Zg3, dt. 24.9.2O18i, r:roceeding copy of the Managing Comrniltec of the Muslim (lrilvevard, Tadban, Secunderabad anci [n spector Y ) \ \ Auciitor Report Clr. 5& 7 submitted in the same hle, compliance report of the Directions issued by the Hon'b1e Teiangana State Waqf Tribunal, Hyderabad in LA.No.261 ol 2022 in O'S'No' 19 of 2022 and I.A.No. 3O8 of 2022 in O.S.No. 19 of 2022 in which TSWB is Respondent / Def.No 2 and the charges to be collected towards burials in the graveyard under the Telangana State Waqf Board. The said copies were sought from Telangana Waqf Board which is not the exempted / prohibited organisation as stated in Section 24 nor exempted from disclosure of information under Sectron B. Further, according to petitio'ner, he respondent Waqf Board answered one query out of hve and did not specify any reason tbr not answering ther?emaining' The counter-afhdavit filed on behalf of the Waqf Board is vague in this aspect and does not provide any reason worth consideration for not providing the required copies to petitioner'

8. Moreover, petitioner within the time stipulated in the Act appealed before the authority concerned and since no reply is provided within thereon, alter expiry of statutory period' he approached the second appellate authority' Since the said position is vacant, petitioner invoked the jurisdiction of this Court under ArLicle 226 of the Constitution' This Court t t 6 therefore, is of the opinion that petitioner is cntitlt:cl to the copies soupll t for in the Application dated 29.O4.2023 L 'l're Writ petition is accordingly, aliou.ecl clirecting the Telanga.a state waqf Boarcl to furnish the irribrrnation pursuant t'r cetitioner's Application dated 29.04 .2o23 *.ithin tw-o weeks lrom the date of receipt of a copy of [his orcier. No

10. Ct()nsequently. the miscellaneous Applice tiotrs. if an1' shall stzrtrd closed. . ' //TRUE COPYII Sd/. MOHD. ISMAIL R ASSISTANT REGIS a SECTION OFFICER To, \ 1 . The Prl-9ecretary to.Government, Dept of Minorities Welfare, {jecretariat, State of Telangana, Hyderabad.

2. The State lnfc,rmation Commissioner, Telangana State lnformation Commission, isamacharu Hakku Bhavan, D.-No.5-4-399, Behind Moazzam Jahi Market, Flyderabad-500 001.

3. The Appellate Public lnformation Officer, Teiangana State Waqf Board, Haj Hcuse, Nampal,y, Hyderabad.

4. The Chief Executive Officer/PlO, Telangana State Waqf Boar,J, Haj House, Nampally, Hyderabaad.

5. One CC to SRI MOHD.LATEEF KHAN, Advocate. tOpUCl 6. Two CCs to GP FOR MINOR|TY WELFARE, Hiqh Court foi ther State of Telangana at tivderabad. [OUT]

7. One CC to SRI FARHAN AZAM KHAN, SC FOR WAKF BOARD. tOpUCl B. Two CD Copies BSK l\5 HIGH COURT NBK,J DATED:2410212025 ORDER WP.No.23482 of 2023 ALLOWING THE WRIT PETITION WITHOUT COSTS Ooroo gtO \f / /,< ',J o \ ilE SrA 14: B 7 rrri 2025 ; t a l) Fsp,..tcH 9O *