In a writ petition challenging a Naib Mutawalli appointment order, the court held the challenge lacks maintainability as the order is appealable before the Appellate Tribunal. Consequently, the petition was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA
WRIT PETITION No.616 of 2011
DATED: 21-01-2011
Between:
S.Shareeuddin
..... PETITIONER
And
The A.P. Wakf Board, rep. by its Chief Executive Officer, Hyderabad and another.
.....RESPONDENTS
ORDER:
The challenge in this Writ Petition is to the order dated 02.12.2010 passed by the Chief Executive Officer, A.P. State Wakf Board vide which the 2nd respondent was appointed as Naib Mutawalli with her respective share according to Fatwa obtained from Jamia Nizamia, Hyderabad i.e. 50% of share of her deceased father Janab Syed Ghouseuddin Ahmed.
The learned counsel for the petitioner submits that the impugned order has been passed without jurisdiction as the Chief Executive Officer of the Wakf Board had no authority to appoint a Naib Mutawalli.
The aforementioned order is appealable before the Tribunal and hence, this Writ Petition is not maintainable. The petitioner, if so advised, may raise all the points as raised in this writ petition before the Appellate Tribunal.
Accordingly, the writ petition is disposed of. No order as to
costs.
__________________________ ASHUTOSH MOHUNTA, J
21st January, 2011 TSY/MR
2 issues framed by the court
Whether the Chief Executive Officer of the Wakf Board had jurisdiction to appoint a Naib Mutawalli.
Whether a writ petition is maintainable when the impugned order is appealable before the Appellate Tribunal.
S. Shareeuddin
The A.P. Wakf Board, rep. by its Chief Executive Officer
another
Ashutosh Mohunta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
