Disposed

Syed Mohammed Nizamuddin Jeelani @ Mahmood Pasha, v. The Telangana State Waqf Board

Telangana HC11 Mar 2024WP/6232/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by male descendants of a Waqif seeking recognition of a Towliath Committee. The Court directed the Telangana State Waqf Board to consider a pending representation dated 08.08.2022 regarding the committee under Section 42 of the Waqf Act, 1995, within four weeks.

What did the court decide?

Directed the Respondent Board to consider the representation dated 08.08.2022 and pass appropriate orders within four weeks.

Syed Mohammed Nizamuddin Jeelani @ Mahmood Pasha… — Writ and Judicial Review | Telangana HC (2024)

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[^33oo ]

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

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MONDAY, THE ELEVENTH DAY OF^MARCH TWO THOUSAND AND TWENTY^FOUR

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PRESENT

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THE HONOURABLE SRI^{JUSTICE NAGESH BHEEMAPAKA}

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WRIT PETITION NO: 6232OF 2024

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Between:

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Syed Mohammed Nizamuddin^Jeelani @^{Mahmood Pasha, S/o. f-glg.. Sy."^d} Mbhd. Muneeruddin Jeelani @^{MaqboolPasha,Age- 41 years, R/o. H'No18-} 13-'124/8, Noor Maskan, Bandlaguda,^Hyderabad.

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Syed Mohammed Naseeruddin^Jeelani @^{Shawali Pasha,S/o. t-q!q. SV."!} M'oM. Muneeruddin Jeelani@^{Maqbool Pasha' Age.39 years,Rl/o.H'No' 18-} 1 3-1 2418, Noor Maskan,^{Bandlaguda,Hyderabad.}

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Syed Ahmed Mohiuddin^Jeelani @^Noo! fasfrg,^{S/o..L.gte.Syed.Mohd'} - AiifrOoin Jeelani, Age. 29 years, -Rl/o. H No. 18-1 3-'12418, I'loor Maskan, Bandlaguda, Hyderabad,

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Sved Mohammed Mazhenrddin^Jeelani @^{Madani Pasha,S/a' Late' Syed} M'.hd. Arifuddin Jeelani,^Age. 23^{years,RL/o.H'No.18-13-124/8,Noor} Maskan, Bandlaguda, HYderabad.

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Sved Mohammed Shamsuddin^Jeelani @^{All Pasha,S/o. Late. SyedMohd'} - AiifuOoin Jeelani, Age. 19 years, Fl/o. H'No' 18-1 3-12418, Noor Maskan, Bandlaguda, Hyderabad.

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Sved Mohammed Ghouseuddin^Jeelani @^{Ghousi Pasha' S/o' La!e'Syed} - Mbhn. Arifuddin Jeelani, Age. 16 years, Fl/o. H.No. 18-13-124/F3 Noor Mi"firn, Bandlaguda,^{Hyderibad., Belngqngl and represented by his elder} brother Syed Aimed^{MohiuddinJeelani} @^{Noori Pasha, S/o' Late' Syed} Mohd. Arifuddin Jeelani

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.....PETITIONERS

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AND

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The Telangana sEte^{waqf Board, Representedby_ its chief Executive fficer,} ffrrino iis"ofiCe ;1 Aarzak^{Manzil Haj'House Building, Opposite Public Gardens,} Nampitty' Hyderabad' T'S'

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.....RE',.NDENT

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Petition Under Article^{226 of lhE Constitution of lndia praying that in the} circumstances stated in^{the affidavit filed therewith,the High court may be} pleased to issue appropriate^{writ or any otherorder or direction particularlyone}

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in the nature of Writ of Mandamus declaring the action of the Respondentⁱⁿ not considering the representation dated O8-O8-2O22, for recognition of^Towliath Committee under section 42 of the VVaqf Act, 1995 in respect of Waqf namely Jamia llahiyath-e-nooria, noori industries, Kankah-e-Nooria and its attached properties, as arbitrary illegal and contrary to the^provisions of the Waqf Act, 't 995.

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|.A.NO:1 OF 2024

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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 respondent to consider the representation dated 08.08.2022 forthwith, pending disposal of the main writ petition.

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Counsel for the Petitioners : SR! MOHD ISLAMUDDIN ANSARI

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Counsel for the Respondents : SRI FARHAN AZAM KHAN

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The Court made the following ORDER

I I

I I

(")

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

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WRIT PETITIOI{ NO.6232 OF 2024

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ORDER:

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This writ petition is filed seeking the following relief:

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"...to $sue appropriate Writ or ang other order or direction partianlarlg one in tle nature of Wit of Mandamus declaing the action of the Respondent in not @rtsidering th.e representation dated 0848-2022, for recognition of Towliath Commitlee under section 42 of the Waqf Act, 1995 in respect of WaqI namelg Jamia llahiyath-e-nooria, ruori industri.es, Rankah-e-Nooia and its attached propertbs, as arbitrary, illegal, and contrary to the provisions of tlrc Waqf Act, 1995 and to pass...'

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The case of the petitioners is that their grandfather namely Syed Ahmed Mohiuddin @ Noori Shah Sahab was the Waqf and Mutawalli of Jamia llahiyathe-e-Nooria, Noori lndustries, Kankahae-Nooria and its attached properties and he endowed the same by virtue of two Waqf Namas dated 14.08.1970. lt is the furtlrcr case of the petitioners that their grandfather died on 03.1f.1990, thereafter, his three sons formed a Towliath Committee and obtained the recognition from the respondent board vide board resolution No. 133 of 2OO9, dated 23.03.2O09.

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The main grievance of the petitioners is that they being the male descendants of Waqif, have submitted a representation dated Oa.Oa.2O22 to the respondent board with a request to recognize the Towliath committee and appoint them under Section 42 of the Waqf

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t{8KJ wP No.6232 2024

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Act, 1995 in respect of the subject Waqf, but the the same is still pending with the respondent board.

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learned Standing Counsel for Waqf Board appearing for the respondent submits that if the representation dated O8.O8.2O22 submitted by the petitioners is still pending with the respondent, it would be considered by the board, in accordance with law.

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Heard the submissions of learned counsel for the petitioners and learned Standing Counsel for Waqf Board appearing for the respondent.

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In view of the aforesaid submissions, the Writ petition is disposed of directing the respondent - Board to consider the representation dated 08.08.2O22 submitted by the petitioners and pass appropriate orders, in accordance with law, within a period of four weeks, from the date of receipt of a copy of this order. There shall be no order as to costs.

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Miscellaneous applications, if any pending, shall also stand closed.

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SD/- P. PADMANABHA REDDY ASSISTANT GI

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//TRUE COPY//

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SECTION OFFICER

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To 1 The Chief Executive Officer,^{TelanganaStateWaqf Board, Having its office at} Razzak Manzil^{Haj House Building, Opposite Public Gardens,Nampally,} Hyderabad, T.S.

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O'ne CC to Sri Mohd lslamuddin^{Ansari, Advocate} [OPUC] 3. One CC to Sri Farhan^{AzamKhan,Advocate (OPUC)} 4. Two CD Copies

SA GJP -y

HIGH COURT

DATED:1 110312024

ORDER

o R THE S l4
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P4TCHEo

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WP.No.6232 of 2024

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DISPOSING OF THE W.P

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WITHOUT COSTS.

Syed Mohammed Nizamuddin Jeelani @ Mahmood Pasha, v. The Telangana State Waqf Board

Case brief

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Syed Mohammed Nizamuddin Jeelani @ Mahmood Pasha, v. The Telangana State Waqf Board

Case brief

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What did the court decide?

What the court decided

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