Syed lftekhar Hussaini v. The State of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT ITYDERABAI) HOil'BLE SRI WSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 27o9l oF 202s LO.12.20/25 Between: Syed Iftekhar Hussaini And The State of Telangana, Rep. by its Principal Secretary, Social Welfare Department & three others. Petitioner ORDER: Respondents Petitioner who claims to be the ,person interested, challenges the inaction on the part of Respondents 1 and 2 in taking necessary steps for appointment of Full time Chief Executive Officer of Respondent No.3 - Waqf Board in accordance with Section 23 of the Waqf Act, 1995. It is stated in the affidavit that in Writ petition No. 22692 of 2025, this Court uid.e order dated 05.08.2025 in I.A.No. I of 2025 removed the then CEO Mr. Md. Abdullah, who filed Writ Appeal No. 860 2 of 2025 but could not obtain any interim order anc as of now, both the Writ Petition and Writ Appeal are pending. 1 . I . It is also stated, due to absence of a ltrl time CEO, the Waqf Board is unable to perform very crucial a-l1 important functions apart from routine functions. Section i I of the Act clearly deals with appointment, qualifrcations and r< [e of CEO of the Waqf Board and that CEO is the executive z rm and ex- official Secretary of the Board having statutory i)r wers. 11. is further stated, pending litigations in respect of in :harge CEO, rank, qualifications or any dispute relating to lppointment which has resulted in interim suspension cannot I t a ground or an excuse for Respondents 1 and 2 lot to ap: rint alother regular full-time CEO.

2. Heard Sri M.S.Farhan, learned :ounsel for petitioner as well as Sri Mohd. Imran Khan, learrr d Additional Advocate General on behalf of respondents.

3. lt is pertinent to note that subsequc;r to this Writ Petition, Writ Petition No. 32000 of 2025 was fil,r I challenging G.O.Rt.No. 96, dated 14.1O.2025 whereby arl(l whereunder Mr. Asadullah, arrayed as Respondent No.3 therei I, was placed Full Additional Charge, temporarily of the Offic: of the Chief J Executive Officer, Telangana, on the ground that said Asadullah is not holding any rank equivalent to or above that of Joint Secretary of the State Government and the same is violative of Section 23 of the Act.

4. The said Writ Petition was dismissed considering the counter-affidavit of the State that in view of administrative exigencies and to ensure smooth functioning of the Waqf Board, the government placed the services of Sri Md. Asadullah, Additional Collector as [n-charge CEO on Full Additional Charge, temporary, until further orders and the said I I appointment is only a stop-gap arrangement to ensure the work of Chief Executive Ofhcer of the Board does not hamper in the interregnum and further, the Memo dated 08.02.2O25 which made clear that the 46 L.evel Gazetted Officer is determined to be equal to Deputy Secretary to Government who are permitted for hlling up the post of Chief Executive Officer of the Waqf Board for the purpose of Section 23 of the Act.

5. It is not disputed that Mr. Asadullah, Respondent No.3 in Writ Petition No. 32000 of 2C25 is said to be carrying out the duties of CEO by virtue of G'O.Ms. No'96, dated 14.10.2025 as of now. Either be it a stop gap arangement or 4 appropriately ranked officer carqring out the duti :s of CEO of Waqf Board, the grievance of petitioner, i r the above circumstances, that the post of CEO is kept va: rnt does not survive.

6. In that view of the matter, no spec I c orders are required to be passed in this Writ Petition and a,: ordingly, the same is closed. 7 . Consequent-ly, Miscellaneous Applic a ions, if any shall stand closed. / SD/.A.I.I. ;. GOWRI SHANKAR ASS ISTTANT REGISTRAR \ \- TION OFFICER iEb //TRUE COPY// To,

1. One CC to SRl. MOHAMMED SANAULLAH FARHAI'I Advocate IOPUCI 2. lwo CCs to GP FOR SOCIAL WELFARE ,High Coun rr the State of Telangana at Hyderabad . IOUTI

3. One CC to STANDING COUNSEL FOR WAQF BOAII ), IOPUCI 4. One CC to ADDITIONAL . ADVOCATE GENERAL HirJ , court for the State of Telangana at Hyderabad . [OUT]

5. Two CD Copies DAN BS HIGH COURT DATED:1011212025 ORDER WP.No.27091 of 2025 IHE SI4 .,.' ) \ \Jo O ! Jiil 2[26 $- =! i '" -.'r;' '/ - v ,.i CLOSING THE WRIT PETITION WITHOUT COSTS q \,f