Allowed

Managing Committee v. The State of Telangana and another

Telangana HC8 Feb 2022WP/4243/2021

Case brief

AI extract

What is this about?

The High Court disposed of two identical writ petitions challenging the appointment of a mosque committee without holding elections, driven by observed vacancies, leading the court to direct the Waqf Board to conduct elections within eight weeks.

What did the court decide?

The Telangana State Waqf Board is directed to constitute an elected committee to the subject Waqf institution within eight weeks from the date of receipt of the order.

Managing Committee Vs The State of… — Constitutional and Fundamental Rights | Telangana HC (2022)

¶1

HIGH COURT FOR THE^{STATEOFTELANGANA} AT HYDERABAO

¶2

(Special Original Jurisdiction)

¶3

TUESDAY. THE EIGHTH^{DAY OFFEBRUARY} TWO THOUSAND^{ANDTWENTY TWO}

¶4

PRESENT

¶5

THE HONOURABLE^{DR. JUSTICE SHAMEEM AKTHER}

¶6

WRIT P ETITION^{NOS:16828OF2 020 & 4?43 0F2021}

¶7

WP.N o.16828 0F^2020:

¶8

Between:

¶9

Abdul Jabbar^Khan, Sio^{Abdul Lateef Khan, Aged about45 years' Occ Business'} n7o H.No.O-O-+l^{O, ShahatNagar,Kareemnagar District'}

¶10

...PETITIONER

¶11

AND

¶12

1 . The State of^{Telangana,Rep by its Principal Secretary,MinorityWelfare} Department,^{Secretariat,Hyderabad.}

¶13

Telanqana State^{Waqf Board, Rep by its Chief ExecutiveOfficer'Haj House'} Razzaik Manzil,^HYderabad.

¶14

Manaqino Committee^{Sawaran Mosque,Repby its President MohdAfzal Biabani} " ii;;;i;i iir;;;i sio uor,a sjr,eu Hussain aded about 71 vears' R/o H No 3'93' Siwiian Street,^{Kareemnagar Town, KareemnagarDistrict'}

¶15

,..RESPONDENTS

¶16

petition under Article 226 of the constitution of India^{praying that in the} circumstances^{stated in the affidavit filed therewith,the High court may be pleased} io i..r" "n appropriate Writ^{or Order or Directionmore padicularly one in the nature} or wRtr oF^{tvANDA[,4USdeclaringtheactionof the Respondent No.2appointing} the Respondent No.3^{committee for SawaranlVlosque,situaled at Karimnagar'} KarimnagarDistrictVideproceedingsF.No'1244/C/KNRtzooTlZ-4daled03-02-2020 w[hout t"otlowinq the^{law and without conducting the electionin Mosque Committee} *"f f as tihe orders of^{this Hon'bleCourt in WP No 3467/2016and} Wn.ruo.ZZl ". lZOl O is^{illegal,arbitrary in violationof principlesof natural justiceand} "iao^{against the equity and consequentlyset aside the proceedlngs} F.No.12;4/KNR/2o07lZ-4^{daled.o3lo2l2o2o issued by the Respondent No2 and set} aside the^{proceedings F.No.1244lC/KNR 12007lZ-4 dated 03-02-2020}

¶17

IAN I OF 202

¶18

PetitionUndersectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filed^{in supporlof the petition, the High Courtmay be pleased.to} iuipeno the^{proceedingsF. No.1244IC/KNR:ZOOTtZ-4 dated 03-02-2020issued by} ine'neiponoent^{No.2 -appointingtheRespondent No.3 committee for sawaran} l,lo.qr",' situated at^{Karimnagar, Karimnagar District, pending disposalof thewrit} petition.

¶19

lA NO: 2 oF 2020

¶20

Petition Under^{Section 151 CPC praying that in thecircumstancesslated in} the affidavit filed^{in support of the petition, the High Court may be pleasedto direct} the Respondent No.2^{io conduct the electionsfor SawaranMosque' situated at} Karimnagar, Karimnagar^{District, pending disposal of the wril petition}

¶21

Counsel for the Petitioner : SRI.M.A.K.MUKHEED

¶22

Counsel for the Respondent No.1 : GP FOR SOCIAL WELFARE

¶23

Counsel for the Respondent No.2 : SRI.FARHAN AZAM KHAN

¶24

Counsel for the Respondent No.3 : SRI.MD.ABDUL MATEEN QURESHT

¶25

W.P.NO: 4243 OF 2021

¶26

Between:

¶27

I,4-an?ging^{Committee,Rep. by its President,l,4asjid-e-swaran,swaranStreet,lvlohd} Afzal Biabani Razviul Quadri S/o Mohd Saheb Hussain. Aged about 71 years Fyo H.No. 3-93, Sawaran Street, Karim Nagar Town, Kareem Nagar District.

¶28

...PETITIONER

¶29

AND

¶30

1 . The State of Telangana, Rep by its Principal Secretary Minority Wetfare Department, Secretariat, Hyderabad, Telangana Stat6.

¶31

Telangana Stale Wakf.Board, Rep. by its Chief Executive Officer, Having office at Haj House, Razzak Manzil, Nampally, Hyderabad, Telangana State.^"

¶32

...RESPONDENTS

¶33

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Writs more appropriately a Writ of Mandamus declaring the fmpugned proceeding F.No.1244/C/KNRt2007-Z tV dated. 03-02-2021 is i egat, void, ultra virus and unconstitutional in the interest of justice and equity.

¶34

lA NO: 1 OF 2021

¶35

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petjtion, the High Court may be pleased to suspend lhe operation of the impugned proceedings F. No.1244/C/KNR |2OOT-Z tV, daled 08-02-2021 pending disposal of the Writ petition in the interest of justice and equity.

¶36

Counsel for the Petitioner : SRt.ABDUL MUeEETH OURESHI

¶37

Counsel for the Respondent No.1 : Gp FOR SOCIAL WELFARE

¶38

Counsel for the Respondent No.2 : SRI.FARHAN AZAM KHAN

¶39

The Court made the following COMMON ORDER

¶40

¶41

fHE HON,BTE Dr. JUSTCE SHAA,EEA, AKTHER

¶42

P F 4 4

¶43

COMMON ORDER:

¶44

Since the facts and issues involved in these Writ petitions are identical, both the Writ petitions are taken up together and are being disposed of by way oF this common order.

¶45

W.p.No.16828 of 2020, under Article 226 of the Constitution of India, is fited by the petition er, wherein the following prayer is made:

¶46

".,. to issue an appropriate Wnt or Order or Direction more particularly one in the nature of WRIT OF I4ANDANIUS declaring the action of the Respondent No.2 appointing the Respondent No 3 commjttee for Sawaran Mosque, situated at Karimnagar, Karimnagar District vide proceedings F.No.l244lC/KNR12OO7/Z_4, dated 03.o2.202o wirhout following the law and without conducting the election jn Mosque Committee as well as the orders of this Hon,ble Court in W.P.No,3467l2016 and W.A.No.27112016 is i egat, arbitrary and in violation of principles of natural justice and also against the equity and consequently set aslde the proceedings F. No.1244IC/KNR/2AO7 /Z-4, daled 03/02/2020 issued by the Respondent No.2 and^pass such other order or orders..."

¶47

W.P.No.4243 of 202L, under Afticle 226 of^{the Constitution}

¶48

of India, is filed^{by the petitioner, wherern the following prayeris} made:

¶49

".,, to issue a^{Writ or Writs moreappropriatelya Writof} IYandamus declaring^the impugned^proceeding F.No.1244lC/KNR/ 2oo7^{-Z lv, dated 08.02 2021is illegal, void,} ultra, virus^{and unconstitutional in the interest of justice and} equity and^{to pass suchother order or orders"}

¶50

2 Heard,^{Perusedthe record.} d

¶51

¶52

court^{that the termof} 3. "r"rronO"nt^{It is broughtto the notice} which^{of this} !^ias constituted^vide No'3-committee' dated^{03 02 2020'ended} F 'No^{1244lC/KNRl2OO7 lZ-4 '} O-."""dt"n' on^O2'O2'2022'

¶53

for^{respondentNo 3} in aPPearing 4.^{Learnedcounsel} conceded^{that thesaidcommittee has} W.P'No'16828^{of 2020} become^defunct'

¶54

As seen^{fromthe order'dated 23'03'2016'passed by this} Court^{in W.P.No 3467of 2016 which was confirmedin W'A'N0271} of 2016^{vide judgment dated 19'04 2016' there is a direction to} constituteacommitteetotheSubjectWaqfinstitution,afterdue elections,intermsoftheWaqfAct.ThisCourt,yideorderdated 20.lO.2O2O,^{waspleased to suspend the operation of the order'} dated 03.02.2020,^{passed by respondentNo 2, whereby,a} managing committee^{was constituted to the subjectWaqf} institution for a^period of^{two years,withoutconductingelections,} as ordered by this court in w.P.No.3467 of 2016.

¶55

The respondent No.3 filed counter and indicated that respondent No.2-Waqf Board is likely to constitute an elected committee in terms of the Waqf Act and the A.P.Waqfs Managing Committee (Constitution, Functions and Duties) Regulations, 2009.

¶56

In view of the said submission and since the respondent No.3-Committee has become def unct, no orders relating tO Said

¶57

committee are required to be passed. Since the elections are not

¶58

conducted to the subject V1/aqf institution and the orders Of this

¶59

¶60

¶61

Court to constitute an elected committee to the subject Waqf institution are subsisting, the respondent No.2-Telangana State Waqf Board is directed to constitute an elected committee to the subject Waqf institution, in terms of the^Waqf Act^{and the} Regulations related thereto, within a^{periodof eight (8) weeksfrom} the date of receipt of a copy of this^order'

¶62

B. With the above^{direction, both the Writ Petitionsare disposed}

¶63

of,

¶64

Miscellaneous^{Petitions' ifany' pending in theseWrit} Petitions^{shallstand closed . There shall be no order as to costs'}

¶65

o.r'rrTJ""'ln1t?[iF I

¶66

//TRUE^COPY// SECTION^OFFICER

¶67