Dismissed

The Managing committee of Edgah, v. The Government of Andhra Pradesh, Represented by its

Telangana HC17 Dec 2013WP/36967/2013

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition declaring a mutawalli appointment illegal, holding that the petitioner could approach the Wakf Tribunal under Section 83(2) of the Wakf Act, 1995 as they waived their right to an effective alternative remedy.

What did the court decide?

The writ petition is dismissed without adjudicating on the legality of the impugned proceeding; liberty to avail remedy under Section 83(2) of the Wakf Act, 1995 granted. Related W.P.M.P.No.45992 of 2

The Managing committee of Edgah, Vs The… — Pension and Retirement Benefits | Telangana HC (2013)

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

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WRIT PETITION No.36967 of 2013

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Dated: 17.12.2013

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Between:

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The Managing Committee of Edgah, Graveyard and Mohammadia Masjid of Khanapur/ Thimmapur Village of Khanapur Mandal, Adilabad District, Rep. By its General Secretary Hafeez Khan .. Petitioner and The Government of Andhra Pradesh, Rep. by its Principal Secretary to the Minority and Social Welfare Department, Secretariat, Hyderabad, and others. .. Respondents. Counsel for the petitioner: Mr. K. Venumadhav Counsel for respondent No.1: AGP for Minority Welfare Counsel for respondent No.2: Mr. Mir Masood Khan (SC for APSWB) Counsel for respondent No.3: Mr. A.M. Qureshi

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The Court made the following:

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ORDER:

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This writ petition is filed for a Mandamus to declare Munthakhab dated 28.09.2013, incorporating the name of respondent No.3 as mutawalli for Masjid-e-Mohammadia situated at Timmapur, Khanapur, Adilabad District, as illegal and arbitrary.

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At the hearing, Mr. K. Venumadhav, learned counsel for the petitioner, has not disputed that his client has an effective alternative remedy of approaching the Wakf Tribunal, under Section 83(2) of the Wakf Act, 1995.

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The said provision reads as under:

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83. Constitution of Tribunals, etc:-

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(1) ……….

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(2) Any mutawalli person interested in a wakf or any other person aggrieved by an order made under this Act, or rules made thereunder, may make an application within the time specified in this Act or where no such time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the wakf.

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Ordinarily, this Court would not entertain a writ petition filed bypassing an alternative remedy, more so, when the adjudicatory forum is presided over by a well-trained judicial officer. The petitioner has not assigned any reasons for not approaching the Wakf Tribunal by raising a dispute under the above reproduced provision.

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For the above-mentioned reason, the writ petition is dismissed, without adjudicating on the legality or otherwise of the impugned

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proceeding, with liberty to the petitioner to avail the remedy under the above-mentioned provision.

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As a sequel to dismissal of the writ petition, W.P.M.P.No.45992 of 2013 shall stand disposed of as infructuous.

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________________________ C.V.NAGARJUNA REDDY, J

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17^th December 2013 IBL

The Managing committee of Edgah, v. The Government of Andhra Pradesh, Represented by its

Case brief

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What did the court decide?

The Managing committee of Edgah, v. The Government of Andhra Pradesh, Represented by its

Case brief

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What the court decided

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