lt4ohammed Ali Khan v. consequently set aside the same in the interest of lustice

Petition under Section 1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the impugned proceedings No.1 B/N/RR/2008, dated: 05.10.2017, in respect of the Jama lVasjid Qutub Shahi with its attached shops situated to Kukatpally village and Mandal, Medchal District pending disposal oi the writ petition in the interest of justice and equity. Counsel for the Petitioner: SRI MD ABDUL MATEEN eUR: ;Hl Counsel for the Respondent No.1 : Gp FOR SOCIAL WELF r ,RE Counsel for the Respondent No.2: SRI FARHAN AZAM KF,,N(SC FOR TSWB) The Court made the following: ORDER THE TION'BLE SMT. JUSI'ICE'T. MADHAVI DEVI WRIT PETITION No.35647 of 2017 ORDER This Writ Petition is flled challenging thc proccedings No. l8/M/RR/2008, dated 05.10.2017 taking thc instirution the Jama Masjid Qutub Shahi with its attached shops situated at Kukatpally Village and Mandal, Medchal District, under the Direct Management of the Wakf Board undcr Section 65 of'the Wakf Act, 1995 as illcgal, void and ultra virus and consequcntly to set asidc thc sarne and to pass such other order or orciers

2. Sri Abdul Muqeet Qureshi, learned Senior Counsel representing Ieamed counsel for the petitioner, submitted that thc subject Wakl property was being managed by the carlier Mutavali. who was the father of the petitioner and after his death, a Managing Committee was appointed to manage thc affairs of the property He submitted that the petitioner filed O.A.No.28 of 2012 before the Wak[ Tribunal challenging the appointrnent of the lvlanaging Committee and instead to appoint him as Mutawalli and vide order dated 11.06.2013, the appointment of the Managing Committee 2 -II,1DJ wt) 356,17.1017 - \r'as se t asidc and the Wakf Board was directed t I cxpe ditiously conduct an cnquin,into the representation ofthe 1-r itioncr herein i.e., in the *,ri1 pctition, u,ho claitned appointmcr I rrs Mutaualli being the son o1' the gazette-notified Mutawall of the \\'akf Institution, preleratrly within a period of three mcr ths rl'rereliorn flowever, it is submitted that though the Wakf Boa', conducted an enquiry, it did not take any decision on the repre; rntation of the petitroncr and proceeded to issue the impugned pr I ;eedings dated 05 10.2017. taking the subject property under its direcr conLrol Challenging thc sarne, the present Writ Petition has I een lield

3. Learncd Senior Counsel appearing for tire petitioner submitted that even under Section 65 of the Wakl'Act. 199.5. the Wakf propcrty cannot be under the direct managemr rt of the Iloard for more than fivc years and since more than f re years have lapsed, the Wakf Board has to take a decision on t re claim of the petitloner 4, Sri Irarhan Azam Khan, leamed Standing ( tounsel frrr tlie Wakf Board, appearing for respondent No.2, ho,, ever submitted TMD.T w 35647 2017 that under peculiar circumstances, the period of five years lnay be extended

5. Learned Senior Counsel, however, submitterl that since the propcfty is under the direct management of the Wakf Board, sub- section (5) of Section 65 of the Act i.e., under extraordinary circurnstances, would not apply in this case and thercfore, the Board may be directed to take a decision on the representation of the petitioner expeditiously.

6. Learncd Standing Counsel for the Wakf Board also pointed out that the term of the Managing Committee, even if approved, is only tbr a period of three years and since the periocl o[three years has also expired, and as the Wakf Tribunal has already set aside the appointment of the Managing Committee, the Wakf property is under the direct management of the Wakf Board

7. I{aving regard to the above submissions of both the parties and considering the fact that more than five years have lapsed since the irnpugned order placing the Wakl property under the direct control/management of the Board was passed and in view of !- 1'\1t)J \r1).15647.10i7 4 Section 65(l) of the Act, a Wakf propcrty cannot re I rain under the direct managcnrent of the Wakf Board for more t[ tn five ycars, this Courl declns i1 fit and proper to direct the i'akf Board to consider thc clairn of the petitioner and pass aptr'r Jpriate orders thereon expeditiously, preferably at the second I eeting o1' the Board.

8. With the abovc directions, this Writ Petition s disposed of. Therc slrall be no order as to costs

9. NIiscr:llarreous applications, if any, pendirl in this Writ Petition. shall stand c Ioscd SD/i M.JAWAHAR REDDY / )AI;;ISTANT REGISTRAR ,TRUE COPY// \\ srcrtoru oFFtcER , I,]glll:,LrtSecretary. The Srare of Tetangana, M r r r:ty Wetfare uepanmenr. Uecretariat. Saifabad, Hyderabad, T.S. 2 The chief Executive officer, The rerilganisiate-w r r Board, office at ^ Razzak l,ttalzit Na.npally. Hyderabad, T:S - -'-'- ' J. Une UC to Sri I\,4d Abdul Mateen eureshi, Advocate t, )pUCl 4' Two ccs to Gp for Sociar werfare, H'gh bou,1 fo-r the ' ;taie 6f tetangana, at ! 9n" CC to Sir Farhan Azam Khan(SC for TSWB) IOF UC] 6 Two CD Copies Hyderabadd [OUT1 To, TJ TKS HIGH COURT DATED:2811012025 ORDER WP.No.35647 o12017 -= +- ,E. SI4 ( o() <. 'r I q 7t176 ,?+ \1. *\s ( j qA* z c) I * DISPOSING OF THE WRIT PETITION WITHOUT COSTS J 16