Dismissed

Mohd.Tayyab Ali v. Ap State Wakf Board

Telangana HC19 Jan 2012WP/28166/2011

Case brief

AI extract

What is this about?

The Single Judge in Writ Petition No.28166 of 2011 dismissed the petition at the admission stage. The petitioner sought a writ of mandamus against the A.P. State Wakf Board for failure to initiate action against the respondent Mutawalli based on an enquiry report, alleging illegality and violation of natural justice.

What did the court decide?

The petition was dismissed at the admission stage without costs.

Mohd.Tayyab Ali Vs Ap State Wakf Board — Pension and Retirement Benefits | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY

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Writ Petition No.28166 of 2011

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(Dated: 19-01-2012)

Between:

Mohd. Tayyab Ali

....Petitioner

A n d The Government of A.P., rep. by its Principal Secretary, Ministry Welfare and Wakf Department, Secretariat, Hyderabad and others

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...Respondents

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THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY

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W.P.No.28166 of 2011

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ORDER:

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This writ petition has been filed by Mohd. Tayyab Ali seeking a mandamus declaring the action of Andhra Pradesh State Wakf Board-1^st respondent in not initiating further proceedings, pursuant to the enquiry report dated 30-6-2010, as illegal, arbitrary and unjust.

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2. Jamia Masjid attached to Sunni Muslim Graveyard at Musheerabad is a registered Sunni Wakf Institution. One Mr. Mohd. Ali filed O.S.No.1627 of 1977 on the file of V Assistant Judge, City Civil Court, Hyderabad, seeking a declaration that he is the hereditary Mutawalli of the Jamia Masijid, popularly known as Great Mosque, Musheerabad. The said suit came to be decreed on 10-12-1982 declaring Mohd. Ali as hereditary Mutawalli of Jamia Masjid.

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3. Pursuant to the judgment and decree of the civil Court, A.P. State Wakf Board appointed Mohd. Ali as Mutawalli of the Jamia Masjid, vide Proceedings No.H1/6/1/87, dated 30.03.1988. He died on 0101-1991. Mohd. Nazeer Ali-2^nd respondent herein along with seven others initiated proceedings before the Joint Collector, Hyderabad District seeking his appointment as Mutawalli of Jamia Masjid in succession to Mohd. Ali. The Joint Collector dismissed the application for want of jurisdiction. Mohd. Nazeer Ali-2^rd respondent applied for Towliath in place of his father for the Jamia Masjid. A.P.State Wakf Board under Proceedings No.41/6/1/87, dated 17-101997 appointed Mohd. Nazeer Ali-2^nd respondent as temporary

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Mutawalli till the decision of Towliath. A committee came to be constituted by the A.P.State Wakf Board for managing the affairs of Jamia Masjid, vide proceedings No.41/Hyd-111/K/05, dated 01.7.2005 for a period of two years and the said period came to be extended for a further period of two years. The 2^nd respondent herein filed O.A.No.20 of 2005 on the file of A.P.Wakf Tribunal, Hyderabad assailing the action of the A.P.State Wakf Board in constituting the committee to manage the affairs of Jamia Masjid. Consequent on the decision taken by the A.P. State Wakf Board not to extend the tenure of the committee and to appoint him as Mutawalli of Jamia Masijid, he withdrew the O.A. A memo came to be issued by the A.P. State Wakf Board on 12-4-2007 to that effect.

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4. One Mohd. Khaja Baber, President of the Managing Committee submitted objection petition dated 23.4.2008 for the appointment of Mohd. Nazeer Ali as Mutawalli of the Jamia Masjid. The A.P.State Wakf Board appointed Sri Shaik Shamshuddin as Enquiry Officer, vide Proceedings No.H/1/6/1/87/2-1, dated 8.6.2008. However enquiry could not be proceeded since the services of Sri Shaik Shamshuddin came to be terminated. One Mohd. Mohsinuddin filed complaint against Mohd. Nazeer Ali (2^nd respondent) complaining of certain misdeeds relating to the affairs of Jamia Masijid. It is alleged in the complaint that the 2^nd respondent Mohd. Nazeer Ali alienated 91 square yards of Jamia Masijid through his mother Raheemunnisa Begum under an agreement of sale, dated 25-11-2003, for Rs.3 lakhs. On the basis of the complaint dated 17-11-2009, the 1^st respondent issued proceedings, vide F/H1/6/1/87-Z/1 Suppl. dated 8- 12-2009 appointing an Enquiry Officer. The Enquiry Officer framed three charges against Mohd. Nazeer Ali. Charge No.1 is that he

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constructed a house and mulgies on the graveyard situated at premises bearing No.14-4-836/2, Bholkapur, Musheerabad, Hyderabad. Charge No.2 is that he alienated piece of land admeasuring 91 square yards bearing Municipal No.1-4-716, Bholakpur, Musheerabad, Hyderabad which is part of a jamia masjid. Charge No.3 is that he collected rents from mulgies illegally constructed in graveyard premises bearing No.1-2-836/2 without the consent of A.P.State Wakf Board. Mohd. Nazeer Ali-third respondent submitted explanation on 12-4-2010. The Enquiry Officer found charge No.1 and Charge No.3 as proved while negativing the accusations levelled under charge No.2. Accordingly, the enquiry officer submitted report on 30.6.2010. No action has been initiated basing on the enquiry report by the A.P.State Wakf Board.

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Hence this writ petition seeking the following relief:-

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“ For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon’ble Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of mandamus declaring the action of the 1^st respondent in not taking or initiating action as per law against 2^nd respondent pursuant to the enquiry report dated : 30.6.2010, as illegal, arbitrary, unjust, unconstituional and in violation of principles of natural justice, and consequently direct the 1^st respondent immediately take over the possession of the muslim graveyard and the properties attached to the Jamia Masjid, Musheerabad, Hyderabad, in direct management of AP Wakf Board for proper administration of the same, and to pass such other order or orders as this Hon’ble Court may deem fit and proper”.

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5. One Mohd. Salahuddin filed W.P.No.19379 of 2010 seeking almost identical relief. The said writ petition along with W.P.No.23065 of 2009, 18278 of 2010 and 19379 of 2010 is being disposed of by a separate common order. For the reasons stated in the said batch of writ petitions, this writ petition is dismissed at the admission stage. No

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costs.

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B.SESHASAYANA REDDY, J.

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Date:19^th January, 2012.

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RAR

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THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY

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Writ Petition No.28166 of 2011

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(Dated:19-01-2012)

Mohd.Tayyab Ali v. Ap State Wakf Board

Case brief

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Mohd.Tayyab Ali v. Ap State Wakf Board

Case brief

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