High Court · 2025

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 a writ, order or Direction more particularly one in the, nature of a writ of Mandamus declaring the action on the part of the Respondentb No.2 in not considering the petitioners representation dated 2210912023 for the removal of the managing committee of Masjid-E-Aliya, for constantly swindling of funds , maintaining two difference bank accounts for the said mosque, not submission of the genuine account before .the competent authority i.e. Waqf Board, misappropriation of funds, embezzlement, criminal breach of trust, mismanagement etc as illegal arbitrary and unconstitutional and consequenfly direction may be given to the respondents herein to consider the same at the earliest. NO:1OF 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 2nd respondent herein to suspend the managing committee of Masjid- E-Aliya i.e. unofficial respondent herein and conduct an-in-depth enquiry regarding the misappropriation of funds, embezzlement, criminal breach of trust, mismanagement by the unofficial respondent Committee pending disposal of the main writ petition. 3 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 permit the petitioner to file the additional documents as per list enclosed in support of his case in the interest of justice and equity. Counsel for the Petitioner: SRI MOHD ABDUL QAVI ABBASI Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE Counsel for the Respondent No.2: SRI FARHAN AZAM KHAN, SC FORWAQF BOARD Gounsel for the Respondent No.3 & 4: GP FOR HOME Counsel for the Sespondent No.S & 6: SRI JASBEER SINGH WRIT P ETITION NO:36 141oF 2025 t

1. The Managing Committee, Masiid-e-Aliya Sanche Tooe. Gunfoundarv- Hyderabad, Rep., by its President-Mr. Gulam yazdani, S/o. Late Mr. Gulafri 9qfagnj,-4_Se9. 94 years, Occ.Designated Senior Advocate, ffice it H. No.5-9-91 I, Gunfoundry, Abids, Hydeiabad, T.G.

2. Mr. Gulam Yazdani, S/o. Late Mr. Gulam Samdani, Aged. 94 years, Occ. Pesignated Senior Advocate, Office at H.No.5-9-919, Gunfoundry, Abids, Hyderabad, T.G. ...PETITIONERS AND

1. The State of Tetangana, Rep by its Principal Secretary, Minorities and Welfare Department, Secretariat Buildings, Hyderabad, T.G.-

2. Telangana State WaK Board, Rep. by its Chief Executive Officer, Office at Haj House, Razzak Manzil, Nampally, Hyderabad, Telangana State.

3. The Chief Executive Officer, Telangana State WaK Board, Office at Haj House, Razzak Manzil, Nampally, Hyderabad, Telangana State. ...RESPONDENTS Petition under Article 226 of the Constitution of India 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 Writ of Mandamus declaring to issue a Writ or Writs more appropriately a Writ of [Vlandamus declaring the inaction of the respondent No.3 in implementing the Resolution No.528 dated.26.1O.2024 passed by the respondent No.2 for extension of the tenure of the managing committee of the petitioners i.e., Managing Committee, Masjid-e-Aliya Sanche Tope with Graveyard Rajjab Ali situated at Gunfoundry, Abids, Hyderabad, T.G.. for a period of three years which is illegal, void, ultra virus, unconstitutional and o. contrary to the section 18,25 and 26 of the Wakf Act, 1995 now Unified Waqf Management, Empowerment, Efficiency and Development Act,'1995 and Regulatio n 22 of the Andhra Pradesh Wakf Managing Committee (Constitution, Functions and Duties) Regulations, 2009 in interest of justice and equity lA NO: 1 OF 2025 l Petition under Section 151 CPC praying that in the circumstances stated in the affidavit iildO in support of the petition, the High Court may be pteased to direct the respondents herein to direct the respondents not to interfere into the functions of the managing committee of the petitioners i.e., Managing Committee, Masjid-e-Aliya Sanche Tope with Graveyard Rajjab Ali situated at Gunfoundry, Abids, Hyderabad, T.G., pending disposal of Writ Petition in the interest of justice. Counsel for the Petitioner: SRI SARDAR JASBEER SINGH Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE Counsel for the Respondent No.2 & 3: SRI FARHAN AZAM KHAN, SC FOR WAQF BOARD The Court made the following: COMMON ORDER ! i '/\ IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION Nos.17523 of 2024 and 36141 of 2025 THE lsr DAY OF DECEMBB& 2025 W.P.No.17523 of 2024 Between: Mohammed Riyaz AND The State of Telangana, Rep.by its Principal Secretary, Minorities Welfare Department, Secretariat, Hyderabad and four others. W.P.No.36141 of 2025 Between: The Managing Committee, Masjid-e-Aliya Sanche Tope, Gunfoundary, Hyderabad and another. AND The State of Telangana, Rep.by its Principal Secretary, Minorities Welfare Department, Secretariat, Hyderabad and two others. ...Petitioner ...Respondents ...Petitioners & Respondents COMMON ORDER: W.P.No.I7523 of 2024 is filed seeking a declaration that the inaction on the part of respondent No.2 in considering his reprSEentation dated 22.09.2023 for removal of the Managing D TMD,J w P s _L7 5 23 _2024 & 3 6 14 L _2O 25 2 Committee of Masjid-E-Aliya for constantly swindling of funds, maintaining two different bank accounts for the said mosque, embezzlement, criminal breach of trust, mismanagement as illegal and arbitrary and consequently to direct the respondents to consider the representation of the petitioner dated 22.09.2023 and take appropriate action thereon.

2. Learned counsel for the petitioner submits that the petitioner is one of the persons, who offers prayers in the subject Masjid and therefore, he is an interested pafty and his grievance against the Managing Committee of Masjid-E-Aliya for misappropriation of funds, embezzlement, criminal breach of trust etc., has been brought out in his representation, dated 22.09.2023. Since no action has been taken by the Waqf Board, petitioner has filed the present writ petition.

3. W.P.No.3614l of 2025 is filed by the Managing Committee of the said Masjid alleging that in spite of passing a resolution vide ,} Resolution No.528, dated 26.10.2024 by respondent No.2 - Waqf Board, the'Chief Executive Officer has not issued any proceedings in respect of the said resolution. Therefore, petitioners therein are I / / w P s _L7 523 -2024 TMD,J & 36 14 1-2025 3 seeking a direction to respondent No.3 to issue appropriate proceedings in accordance therein.

4. Heard learned Government Pleader for Social Welfare, Mr. Farhan Azam Khan, learned Standing Counsel for Waqf Board and learned counsel for the petitioner in W.P.No.l7523 of 2024.

5. Having regard to the rival submissions and the material on record, this Court finds that the petitioners in W.P.No.36l4l of 2025 were initially appointed as the Managing Committee of the subject Masjid and they continued for a period of three (3) years. After completion of the said period, vide Resolution No.528, dated 26.10.2024, tenure of the Managing Committee is extended. However, consequent proceedings have not been issued by the Chief Executive Officer and therefore the W.P.No.3 614l of 2025 is filed.

6. The grievance of the petitioner in W.P.No.17523 of 2024 is about the conduct of the Managing Committee and mismanagement of 6 Waqf prope+y and misappropriation of funds by such Committee-

7. On perusal of the provisions of the Waqf Act, this Court finds that the petitioner in W.P.No.l7523 of 2024 has a remedy under Sections 70 and 7l ofthe Waqf Act and therefore, the Waqf Board is \ I \ TMD,J WPs_17523_202 4 & 36t4L _2025 4 directed to consider the representations of the petitioner as petition under Sections 70 and 7l of the Act and take appropriate action thereon in accordance with law.

8. As regards W.P.No.36l,4l of 2025 is concerned, learned counsel for the petitioner in W.P.No.l7523 of 2024 submitted that the resolution referred to i.e., Resolution No.528, dated 26.10.2024 has been cancelled and therefore, action cannot be taken thereon. However, there is no counter filed by the Waqf Board to this eft'ect. Therefore, this Court deerns it fit and proper to direct the Chief Executive OFficer of the Telangana Waqf Board to take appropriate action for execution of Resolution No.528, dated 26.10.2024 if not cancelled as alleged, and if he is not in agreement of the said resolution, he may follow the procedure under Section 26 of the Waqf Act which reads as under: "26. Powers of Chief Executive officer in respect of orders or resolutions of Board.-Where the Chief Executive Officer considers that an order or resolution passed by the Board- (a) has not been passed in accordance with the law; or (b) is in excess of or is an abuse of the powers confemed on the Board by or under this Act or by any other law; or (c) if irnplemented, is likely to- (i) cause financial loss to thc Board or to the concemed 2[waqfl or to the I [auqafl generally; or (ii) lead to a riot or breach of peace; or (iii) cause danger / .r' TMD,J W P s _!7 52? _2O24 & 35 14 1-2025 5 to human life, health or safety; or (d) is not beneficial to the Board or to any 2[waqfl or to l[auqaf] generally, he may, before implementing such order or resolution, place the matter before the Board for its reconsideration and, if such order or resolution is not confirmed by a majority of vote of the members present and voting after such reconsideration, refer the matter to the State Government along with his objections to the order or resolution, and the decision of the State Government thereon shall be final."

9. [n view of the above submissions, these Writ Petitions are disposed of with a direction to the Chief Executive Officer to take appropriate action for execution of the said Resolution No.528, dated

26.10.2024, within a period of three (3) months from the date of receipt of a copy of this order or in the second Board Meeting to be held by the Waqf Board, whichever is later. There shall be no order as to costs Miscellaneous applications, if any, pending in this writ petition, shall stand closed. //TRUE COPY// OSMAN ALI BAIG ANT RE a To,

1. The Principal Secretary, Minorities and Welfare Buildings, Hyderabad, State of Telangana. Secretariat

2. The Chairman, Telangana State Waqf Board, At- Hajj House, Nampally, Hyderabad.

3. The Chief Executive Officer, Telangana State WaK Board, Office at Haj House, Razzak Manzil, Nampally, Hyderabad, Telangana State. 4. The Commissioner of Police, Hyderabad, At- Hyderabad, Telangana \ S. The Station House Officer, p.S Abids Hyderabad, TS. 6. One CC to SRt MOHD ABD 7 one cc to sR .ARDAR *!:Hff:f:;::ffi':;:," 8. ONC CC tO SRI FARHAN AZAI\IIKHAN, SC FOR WAQF BOARD TOPUC] n Iffi,8,H j?f,["ffi:.?S,,+f.- *ELFARE, Hish courr ror the state or rriftrXt'Jolt,?fi FoR H.ME, Hish courr for the shte of reransana at

10.Two CCs to GD Enn ,.^.

11.Two CD Copies BSR AW, & - --_-E-rr.-.-:r-_ _:?'-.-' _.. . .. '------._-{---.">fr- HIGH COURT DATED: 0111212025 \ HES 1 .J 31oEtM * * CRt[IilGN 3 r=.{ WP.Nos.17523 o12024 and 36141 ot 2025 ISPOSING OF BOTH THE WRIT PETITIONS, WITHOUT.COSTS 3\ v t I a