Dismissed

Vakeel Ahmed, S/o Jaleel Ahmed v. The A.P. State Wakf Board

Telangana HC13 Nov 2013WP/22708/2013

Case brief

AI extract

What is this about?

Single Judge Writ Bench held that a petition questioning the appointment of a Mutawalli involves a dispute under the Wakf Act. The Court found an effective alternative remedy before the Wakf Tribunal and dismissed the writ petition, vacating interim orders.

What did the court decide?

Writ petition dismissed; interim order vacated; W.P.M.P.No.27843 disposed of as infructuous.

Vakeel Ahmed, S/o Jaleel Ahmed Vs… — Constitutional and Fundamental Rights | Telangana HC (2013)

¶1

THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY

¶2

WRIT PETITION No.22708 of 2013

13.11.2013

Between:

Vakeel Ahmed

…Petitioner

And

The Andhra Pradesh State Wakf Board, Hyderabad and another

¶9

…Respondents

¶10

Counsel for the petitioner: Sri Mohd. Adnan

¶11

Counsel for respondent No.1: Sri M.A.K.Mukheed, standing counsel for Andhra Pradesh State Wakf Board

¶12

Counsel for respondent No.2: Sri S.M.Subhani

¶13

The Court made the following:

¶14

ORDER:

¶15

This writ petition is filed for a mandamus to set aside proceedings in F.No.B3/8/KNL/97/Z-IV dated 17.04.2013 of respondent No.1, whereby he has appointed respondent No.2 as Mutawalli of Sultania Mahmood Mosque @ Sultania Masjid of Kothapeta, Kurnool District.

¶16

At the hearing, Sri S.M.Subhani, learned counsel for respondent No.2, submitted that questioning the proceedings, which are impugned in this writ petition, one person, by name, Zavid Ahmed filed O.S.No.18 of 2013 before the Andhra Pradesh State Wakf Tribunal (for short ‘the Tribunal’).

¶17

In my opinion as the issue relating to the appointment of Mutawalli can be more conveniently decided by the Tribunal, which is constituted exclusively for adjudicating the disputes pertaining to any wakf, I do not find any reason for the petitioner not to approach the Tribunal.

¶18

In view of the availability of the effective alternative remedy and also the fact that a suit has already been instituted by one of the aggrieved parties questioning the same proceedings which are the subject matter of this writ petition, the petitioner is also relegated to the Tribunal either by getting himself impleaded in the pending suit or by filing a separate suit.

¶19

Subject to the liberty given to the petitioner as above, the Writ Petition is dismissed.

¶20

As a sequel to dismissal of the writ petition, interim order dated 31.07.2013 is vacated and W.P.M.P.No.27843 of 2013 filed by the petitioner for interim relief shall stand disposed of as infructuous.

¶21

__________________________ (C.V.NAGARJUNA REDDY, J)

¶22

13^th November, 2013 GHN

Vakeel Ahmed, S/o Jaleel Ahmed v. The A.P. State Wakf Board

Case brief

What is this about?

What did the court decide?

Vakeel Ahmed, S/o Jaleel Ahmed v. The A.P. State Wakf Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sri. Raj Kumar Surana Vs The Government of Andhra Pradesh

Ganuguntla Veeramma Vs The Government of Andhra Pradesh

K.Pratap, Vs The Government of Andhra Pradesh

Miss Jayanthi Bisai Vs Government of Andhra Pradesh

K. Malla Reddy Vs The Government of Andhra Pradesh

Joseph Sriharsha Mary Indraja Educational Society Vs The National Council for Teacher Education