Disposed

Prince Yakub Habeebuddin Tucy v. The State of Telangana

Telangana HC7 Jul 2023WP/17566/2023

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a writ petition filed seeking a writ of mandamus to declare the non-appointment of the petitioner as Mutawalli illegal and to direct the Waqf Board to take the waqf under direct management.

What did the court decide?

The 2nd Respondent is directed to consider the petitioner's representation dated 26.06.2023 within three weeks.

Prince Yakub Habeebuddin Tucy Vs The… — Constitutional and Fundamental Rights | Telangana HC (2023)

i i It

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SpeCial Original Jurisdiction)

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FRIDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION NO: 17566 OF 2023

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Between

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Prince Yakub Habeebuddin Tucy, S/o Late Prince Yakub Arifuddin Tucy, Aged about 54 years, Rl/o Royal Moghal Palace, Bahadur Shah Zafar Marg, 3-46, Jukal, Shamshabad 501218, Telangana State.

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...PETITIONER

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AND

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The State of Telangana, Rep by its Principal Secretary, Minorities Welfare Department, Secretariat, Hyderabad.

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Telangana State Waqf Board, Rep. by its Chief Executive Officer, Haj House, f.,lampally,^Hyderabad. ) ...RESPONDENTS Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or Direction, or any other appropriate Order one in the nature of a WRIT OF MANDAMUS, declaring the action of the Respondents not appointing the Petitioner as Mutawalli for Masjid-e-Mirdhe Munawar and its Graveyard situated. at Rikab Gunj, Hyderabad, which is registered Waqf, inspite of representations made by the Petitioner including representation dated 2610612023, as illegal, arbitrary and violation of principles of natural^justice and consequently direct the Respondents to take Masjid-e-Mirdhe Munawar and its Graveyard situated at Rikab Gunj, Hyderabad, under direct management of Waqf Board.

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lA NO: 1 OF 2023

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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 direct the Respondents to take Masjid-e-Mirdhe Munawar and its Graveyard situated at Rikab Gunj, Hyderabad, under direct management of Waqf Board and consider the representation of the Petitioner dated 261061202q pending disposal of the main Writ Petition.

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Counsel for the Petitioner : SRl. G ARUN KUMAR Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE Counsel for the Respondent No.2 : SRI K JAMALI, SC FOR WAKF BOARD The Court made the following: ORDER

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HON,BLE MRS JUSTTCE SUREPALLI NANDA

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WRIT PETITION No.17566 OF 2023

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ORDER

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Heard learned counsel for the petitioner and learned Government Pleader for Minority Welfare appearing for respondent No.1 and Mr.K.Jamali, learned standing counsel appearing for respondent No,2.

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2. The petitioner approached the Court seeking the prayer as follows:

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"l-o issue Writ Order or Direction or any other appropriate Order onc. in the nature of a WRIT OF MANDAMUS, declaring the action of the Respondents not appointing the Petltioner as Mutawalli for Masjid-eMirdhe Munawar crnd its Graveyard situated at Rikab Gunj, Hyderabad, which is registered Waqf, inspite of representations made by the Petitioner including representation dated 26.06.2023, as illegal arbitrary and violation of principles of natural justice and conseqLrenfly direct the Respondents to take Masjid-eMirdhe Nlunawar and ts Graveyard situated at Rikab Gunj, Hyderabad under direct management of Waqf Board and pass such other order or orders this Hon,ble Court decms fit and proper in the circumstances of the case. "

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t .,'l

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The specific case of the petitioner is that the petitioner made several representations dated 08.07 2015, 23.A2.2016, 25.02.20t6, 28.03.2016, 16.05.2016, L6.02.2AI7 ancl 26.06.2A23 to the 2nd respondent wherein, the petitioner requested for appointment oF the petitioner as Mutawalli of the subject waqf institution i.e., Masjid-e-Mirdhe Munawar and its Graveyard situated at Rikab Gunji, Hyderabad, which is a registered VVaqf and to take the subject Waqf institution under direct management of Waqf Board. However, no action has been initiated by the Waqf Board till as on date.

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It is represented by learned standing counsel appearing for respondent No.2 that the writ petition could be disposed of directing the 2no respondent to consider the petitioner representation dated 26.06.2023 in accordance to law, within a reasonable period.

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Taking into consideration the above submission, the writ petition is disposed of directing the 2nd respondent to consider the petitioner's latest representation dated 26.06.2023 in accordance to law, within a period of three (03) weeks from the date of receipt of copy of this ordLr, duly communicating

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the decision to the petitioner. However, there shall be no

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order as to costs.

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Miscellaneous petitions, if any, pending in this Writ

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Petition, shall stand closed.

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SD/. MOHD. SANAULLAH ANSARI ASSISTANT REGISTRAR //TRUE COPY' (!p

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SECTION OFFICER

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To,

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The Principal Secretary, Minorities^{WelfareDepa(ment, State of Telangana,} Secretariat, Hyderabad.

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The Chief Executive Officer, Telangana State Waqf^Board, Haj^House, Nampally, Hyderabad.

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One CC to SRl. G ARUN KUMAR, Advocate.[OPUC]

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Two CCs to GP FOR SOCIAL WELFARE,High Court for the State of Telangana at Hyderabad. [OUT]

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One CC to SRI K JAMALI, SC FOR WAKF BOARD.[OPUC]

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Two CD Copies

GJP /

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HIGH COURT

DATED:0710712023

ORDER

WP.No.17566 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Prince Yakub Habeebuddin Tucy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Prince Yakub Habeebuddin Tucy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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