The High Court · 2025

Sri. Dr. Abu ZaheQ S_hqh Syed Waheedullah Hussaini Quadri Multani, S/o. tClg-s.I,eh syed shafiu'llah Hussaini Qadri Muttani, Age: 4s years, nyoi a-t- 4031N2111, Laxman Nagar, shaikpet, Hyderabad,- Teranlana, pincode: 500081 ...PETITIONER AND Ielangana State Waqf Board, Rep. by Chief Executive Officer, O/o: 3rd Floor; Razzak Manzrl I Haj House Build ing; Nampally Hyderabad, Terangana, Pincode- 500001. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or direction more particularly one in the nature of MANDAMUS declaring the in action on the part of the respondent i.e. Telangana State Waqf Board in not considering the application dt. 11 .OB.2O2S regarding change of management under section 42 of the Act having received representation dt. 11.08.2025 in respect of Gazette Notified Waqf Dargah Hazrat Shah Syed Peer Hussaini a1- Quadri u1- Multani & Dargah Hazrat Syed Shah Abdul Raheem Hussaini Qadri- ul- Multani, H.No. 13-3-590 & 13-3-592, situated at lmampura, Jiyaguda, Hyderabad as being illegal, arbitrary capricious, malafide amount to dereliction of duty and consequently direct the Respondent to forthwith take necessary steps and to carry out the correction particularly amend the Auqaf register and incorporate the name of petitioner as Mutawalli of the Gazette Notified Waqf Dargah Hazrat Shah Syed Peer Hussaini a1-Quadri u1-Multani & Dargah Hazrat Syed Shah Abdul Raheem Hussaini Qadri-u1-Multani, H.No. 13-3-590 & 13-3-592, situated at lmampura, Jiyaguda, Hyderabad in place of the erroneous entry, and set-aside the direction to submit Copy of proceedings of the deceased Mutawalli, Copy of the Death Certificate of Notified Mutawalli & direct the Respondent to considerthe Decree dt.31.03.1988 of the Civil Court in O.S No, 2ir,: 288811981 passed by Vlll Asst. Judge civil court Hyderabad while passing such orders. lA NO: 1 OF 2025 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 preased to direct the respondent to receive the waqf fund under the waqf Act of 199s from the petitioner in capacity as Mutawaili & direct the respondent herein not to disturb the management of the Petitioner herein pending disposal of the present writ petition. Counsel for the Petitioner: SRI SYED GHIYASUDDIN Counset for the Respondent: MR MIRZA SAFILLA BAIGiSC FOR WAQF BORAD) The Court made the following: ORDER -7 ORDER: THE HONOURABLE SRI JUSTICE N'TUKARAMJI wRlT PETITION No 1 F 202 This writ Petition is filed under Arlicle 226 0f Constitution of lndia seeking the following relief: "...fo tssue an appropiate writ order or direction more particularly one in the nature of Mandamus declaring the in action on the paft of the respondent i.e. Telangana State Waqf Board in not considering the application dt.11.08.2025 regarding change of management under section 42 of the Act having received representation dt.11.08.2025 in respect of Gazette Notified Waqf Dargah Hazrat Shah Syed Peer Hussaini al- Quadi ul- Multani and Dargah Hazrat Syed Shah Abdul Raheem Hussaini Qadri- ul- Multani, H'No'13-3- 590 and 13-3-592, situated at lmampura, Jiyaguda, Hyderabad as being illegal, ahitrary capricious, malafide amount to dereliction of duty and consequently direct the- Respondent to forthwith take necessary steps and to carry out the correction particularly amend the Auqaf register and incorporate the name of petitioner as Mutawalti of the Gazefte Notified Waqf Dargah Hazrat Shah Syed Peer Hussaini at-Quadi ul-Multani and Dargah Hazrat Syed Shah Abdut Raheem Hussaini Qadri-ul-Multani, H.No.13-3-590 and 13-3- 592, situated at lmampura, Jiyaguda, Hyderabad in place of the erroneous entry, and sef-aslde the direction to submit Copy of proceedings of the deceased Mutawatli, Copy of the Death Ceftificate of Notified Mutawatli and direct the Respondent to consider the . Deqee dt.31. 03.1988 of the Civil Court in O.5.No.288U1981 passed by y/// Assf. Judge Civil Court Hyderabad while passing such orders."

2.HeardMr.SyedGhiyaSuddin,learnedcounselforthepetitioner' and Mr. Mirza Safiulla Baig, learned Standing Counsel for Waqf Board- respondent.

3. The grievance of the petitioner is that the application dated 11.08.2025 has not been considered by the Telangana State Waqf I I Board. The petitioner contends that the dispute between himself and the \*'*='q - 2 Waqf institutions i.e.,Dargah Hazrat Shah Syed Peer Hussaini al-Quadri ul-Multani and Dargah Hazrat Syed Shah Abdul Raheem Hussaini Qadri-ul-Multani has been pending since 2003. However, it is not demonstrated that the petitioner has pursued or raised this issue in the form of litigation before the competent tribuna!. The petitioner further relies on the judgment rendered in O.S. No.2B88 of 1981 by the learned Vlll Assistant Judge, Civil Court, Hyderabad, asserting that his rights crystallized therein have not been duly considered.

4. I have carefully perused the material placed on record.

5. Having regard to the submissions and the fact that the application is stated to have been submitted only on 11.08.2025, this Court is of the opinion that a reasonable time is required for any authority or estabtishment to consider and decide upon such contentions. Filing the present writ petition as early as 12.08.2025 is, therefore, evidenfly premature. Accordingly, while reserving the petitioner's liberty to initiate appropriate proceedings if the application dated 11.08.2025 is not addressed by the Waqf Board within a reasonable time, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions, pending if any, shall stand closed. .SRINIVAS A REDDY STANT RE GISTRAR \ //TRUE COPY// SECTION OFFICER To, 1 The Chief Executive Officer, Telanqana State Waof laqzak Manzil, Haj House Building-, Nampally Hyde Pincode- 500001. Board, O/o- 3rd Floor, rabad, Telangana, -l \

2. one cc to SRI syED GHTYASUDDIN, Advocate topucl 3. ONE CC tO SRI MIRZA SAFIULLA EAG, A-O-*C;I"-rOFU'CI 4. Two CD Copies tfi- MMT PMK / HIGH COURT \ \ DATED:2510812025 , I ORDER WP.No.25108 of 2025 .i, ,l;.., lt :., '' iii'J. :i ., .. ':i.. ..,,.,,.1 i) li3 t,[ ;gp :: ,i '1'4..-.., .,,..',.,-',..,,. -..j:.::.-..j;.. ,.:; DISPOSING OF THE WRIT PETITON WITHOUT COSTS ( A- 15 rl. 1)