Disposed

Managing Committee v. Md. Anees Ahmed and 3 Others

Telangana HC28 Apr 2022WA/319/2022

Case brief

AI extract

What is this about?

This appeal challenged an order directing the Wakf Board to hold elections before the existing two-year committee's tenure expired. The Court modified the order to allow the Board to complete its tenure until October 9, 2022, starting the new committee process thereafter.

What did the court decide?

The order of the learned Single Judge was modified to allow the current committee to finish its tenure before the new committee starts.

Managing Committee Vs Md. Anees Ahmed and 3 Others — Writ and Judicial Review | Telangana HC (2022)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

THURSDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO

¶3

PRESENT

¶4

THE HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HONOURABLE SRIJUSTICE ABHINAND KUMAR SHAVILI

¶5

WRIT APPEAL NO: 319 0F 2022

¶6

writ Appeal under crause 1s of the Letters patent preferred against order dated 01-02-2022 in W.P.No.22860 ot 2O2O on the fite of the High Court.

¶7

Between:

¶8

[.4anaging .committee, Masjid-e-eutubShahi (choti Ir/asjid), situated at [vurad Nagar, Hyderabad, R9p by its president, Mr. Ahmed XfritlO ktrJri, Slo. Vrd. Oasim Khan, Aged about 79 years, Occ. Retired Employee, R/o. 12_2_B3OlNSlBlA, Hnl Colony, Mehdipatnam, Hyderabad, T.S.

¶9

AND

¶10

...AppellanURespondent No.4

¶11

'1 . Md. Anees {hmed, S/o. M.A. Kareem, Aged 67 years, Occ- Retired Employee, Rl/o. H. No 12-2-26318 Murad-nagar, t-tyOerbOaO, T.S.^--

¶12

... Res po nde nUPetitio ne r

¶13

The State of Telangana, Rep by its^principal Secretary,Minoritv Welfare Department Secretariat, Saifa b-ad, Hvderabad. T. S.

¶14

The Telangana State Wakf Board, Ri:pt by its chief Executive officer Razzak Manzil Haj House Hyderabad

¶15

The lnspector Auditor wakf, circle No 3 4 and 6 Hyderabad relangana State Wakf Board Razzak Manzil Haj House Hyderabad'

¶16

"'Respondents/Respondents

¶17

rA No: 2 oF zoz2

¶18

Petition under Section 151 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 orders passed in W.p.No.22860 of 2020 dated 0110212022 till the disposal of Writ Appeat.

¶19

Counsel for the Appellant: SRl. SYED YASAR MAMOON

¶20

Counsel for Respondent No.1: SRI MTRZA NISAR AHMED BAIG

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Counsel for Respondent No.2: GP FOR SOCIAL WELFARE

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Counsel for Respondent Nos.3 & 4: SRI ABU AKRAM,

¶23

SC FOR WAKF BOARD

¶24

The Court delivered the following: JUDGMENT

¶25

(

¶26

THE HON'BLE THE CHIEF JU cE SATISH CHANDRA SIIARMA AND THE HON'BLE SRI JUSTIC E ABHINAND KUMAR^SIIAVILI

¶27

W.A.No.319 of or)

¶28

JUDGMENT: {Per lhe Hon'ble the ChielJustice Satish Chaidra Sharma)

¶29

The present writ appeal is arising out of order dated 01.02.2022, passed by the learned Single Judge,ⁱⁿ W.P.No.2286O of 2020.

¶30

The facts of the case reveal that the appellantcommittee came into existence by an order dated 09.10.2020 and the tenure ol the committee was for a period of two^years and the tenure is going to expire on 09.1O.2O22.

¶31

The learned Single Judge has directed the Waqf Board to hold elections for constituting a new committee^without the tenure of the earlier committee being over.

¶32

Learned counsel for the appellant has been able to make out a case for interference, as the tenure of the appellant-committee is upto 09.1O.2022.

¶33

Learned counsel for the Waqf Board as well as iearned counsel for the private respondent have fairly stated before this Court that the tenure of the appellant-committee is going to be over on 09.10.2022 ald therefore, the Wakf Board be

¶34

¶35

granted ar1 opportunity to take steps for constitution of a new committee after expiry of the period of the appellartcommittee i.e., 09.1O.2022.

¶36

The Waqf Board shall certainly be at a liberty to start the process before completion of tenure of the appellantcommittee so that the new committee comes into force from 10.I0.2022.

¶37

With the consent of the parties, the order of the learned Single Judge is modified to the aforesaid extent.

¶38

The Writ Appeal is, accordingly, disposed of.

¶39

The miscellaneous applications pending, if any, shall

¶40

stand closed. There shal1 be no order as to co sts

¶41

Sd/- B. S. CHIRANJEEVI JOINTREGISTRAR //TRUE COPY//

¶42

SECTION OFFICER

¶43

To,

¶44

1 The Principal Secretary, MinorityW_elfare Department, State of Telangana, Secretariat, Saifabad, Hvderabad. T.S

¶45

2 The Chief Executlve Officer, Telangana State Wakf Board, Razzak lVanzil Haj House Hyderabad

¶46

3 If,q lrl;pector^{Auditor Wakf,Circle No.3, 4 and 6 HyderabadTelangana State} Wakf Board Razzak I,4anzil Haj House, Hyderabad.

¶47

4 9n" 99^{to Sri Syed Yasar l,4amoon,Adv6cate} tOpUCl 5 Two CCs to GP for Social Welfare, High Court ior the State of Telangana at Hyderabad. [OUT]

¶48

b. One CC to Sri Miza Nisar Ahmed Baig, Advocate tOpUCl 7. 9ne 99^{to Sri Abu Akram, SC for Wakf Board} [OPUC] d. Two CD Copies o One Spare Copy c HR ,Iy

HIGH COURT

HCJ & AKS,J

DATED:2810412022

JUDGMENT W.A.No.319 of²⁰²²

¶53

'i 6 STAI4'
1-
oJo $Blt'fi ?0??'
* i'r'

¶54

DISPOSING^{OF THE WRIT APPEAL} WITHOUT^GOSTS

¶55

c-,

Managing Committee v. Md. Anees Ahmed and 3 Others

Case brief

What is this about?

What did the court decide?

Managing Committee v. Md. Anees Ahmed and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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