Disposed

Mohd Ali Khan v. Prl.Secy., Minority Welfare Dept., Hyd., and Another

Telangana HC28 Oct 2025WP/35647/2017

Case brief

AI extract

What is this about?

A writ petition challenged Wakf Board proceedings placing a mosque and shops under its direct management under Section 65 of the Wakf Act, 1995. Noting more than five years had lapsed, the court directed the Board to consider the petitioner's Mutawalli claim expeditiously.

What did the court decide?

Direction to Wakf Board to consider petitioner's claim and pass orders expeditiously, preferably at second Board meeting; no costs.

Mohd Ali Khan Vs Prl.Secy., Minority Welfare… — Writ and Judicial Review | Telangana HC (2025)

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[³²¹⁹ ]

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

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TUESDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE T.MADHAVI^DEVI

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WRIT PETITION NO: 35647 OF 2017

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Between:

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lt4ohammed Ali Khan, S/o. Late Abdul Salam^{Khan, Aged 57 years,} Occ: Retd. Employee, RJo.8-4-349/13/4,^{Sivaji Nagar, BorabandaHyderabad,} T,S,

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..PETITIONER

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AND

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1 The State of Telangana, Rep by^its Principal^{Secretary.Minority Welfare} Department, Secretariat, Saifabad, Hyderabad,^T.S

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2 The Telangana State Wakf Board, Rep.^{by Chief Executive Officer, Otficeat} Razzak Manzl, Nampally, Hyderabad,^T.S.

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...RESPONDENTS

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Petition under Article 226 of the Constitution^{of lndiaprayrng that in the} circumstances stated in the affidavit^{frled therewith, the Hrgh Court may be} pleased to issue a Writ or Writs more appropnately a Wrrt of^{lr,4andamusdeclaring} the impugned^{proceedingsNo.1 8/N/RR/2008, dated-05 10.2017, in respectof the} Jama [r,4as1id Qutub Shahi with^{its attached shops situatedat Kukatpally Village} and [Vlandal, t\rledchal District,^{as illegal, void, ultra virus andu ncon stitutiona I and} consequently set aside the same in^{the interestof} lustice^{and equity}

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l.A. NO: 1OF 2017(WPMP.^{NO:443020F20171}

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Petition under Section¹ 51 CPC^{praying that in the circumstances statedin} the affidavit filed in support of^{the petition, the High Court may be pleasedto} suspend the operation of^{the impugned proceedingsNo.1 B/N/RR/2008, dated:} 05.10.2017, in respect^{of the JamalVasjidQutub Shahi withits attachedshops}

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situated to Kukatpally village and Mandal, Medchal District pending disposal oi the writ petition in the interest of justice and equity.

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Counsel for the Petitioner: SRI MD ABDUL MATEEN eUR: ;Hl

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Counsel for the Respondent No.1 : Gp FOR SOCIAL WELF r ,RE

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Counsel for the Respondent No.2: SRI FARHAN AZAM KF,,N(SC FOR TSWB)

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The Court made the following: ORDER

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THE TION'BLE SMT. JUSI'ICE'T. MADHAVI DEVI

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WRIT PETITION No.35647 of 2017

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ORDER

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This Writ Petition is flled challenging thc proccedings No. l8/M/RR/2008, dated 05.10.2017 taking thc instirution the Jama Masjid Qutub Shahi with its attached shops situated at Kukatpally Village and Mandal, Medchal District, under the Direct Management of the Wakf Board undcr Section 65 of'the Wakf Act, 1995 as illcgal, void and ultra virus and consequcntly to set asidc thc sarne and to pass such other order or orciers

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Sri Abdul Muqeet Qureshi, learned Senior Counsel representing Ieamed counsel for the petitioner, submitted that thc subject Wakl property was being managed by the carlier Mutavali. who was the father of the petitioner and after his death, a Managing Committee was appointed to manage thc affairs of the property He submitted that the petitioner filed O.A.No.28 of 2012 before the Wak[ Tribunal challenging the appointrnent of the lvlanaging Committee and instead to appoint him as Mutawalli and vide order dated 11.06.2013, the appointment of the Managing Committee

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-II,1DJ wt) 356,17.1017

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\r'as se t asidc and the Wakf Board was directed t I cxpe ditiously conduct an cnquin,into the representation ofthe 1-r itioncr herein i.e., in the *,ri1 pctition, u,ho claitned appointmcr I rrs Mutaualli being the son o1' the gazette-notified Mutawall of the \'akf Institution, preleratrly within a period of three mcr ths rl'rereliorn flowever, it is submitted that though the Wakf Boa', conducted an enquiry, it did not take any decision on the repre; rntation of the petitroncr and proceeded to issue the impugned pr I ;eedings dated 05 10.2017. taking the subject property under its direcr conLrol Challenging thc sarne, the present Writ Petition has I een lield

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Learncd Senior Counsel appearing for tire petitioner submitted that even under Section 65 of the Wakl'Act. 199.5. the Wakf propcrty cannot be under the direct managemr rt of the Iloard for more than fivc years and since more than f re years have lapsed, the Wakf Board has to take a decision on t re claim of the petitloner

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4, Sri Irarhan Azam Khan, leamed Standing ( tounsel frrr tlie Wakf Board, appearing for respondent No.2, ho,, ever submitted

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TMD.T w^{35647 2017}

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that under peculiar circumstances, the period of five years lnay be extended

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Learned Senior Counsel, however, submitterl that since the propcfty is under the direct management of the Wakf Board, subsection (5) of Section 65 of the Act i.e., under extraordinary circurnstances, would not apply in this case and thercfore, the Board may be directed to take a decision on the representation of the petitioner expeditiously.

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Learncd Standing Counsel for the Wakf Board also pointed out that the term of the Managing Committee, even if approved, is only tbr a period of three years and since the periocl o[three years has also expired, and as the Wakf Tribunal has already set aside the appointment of the Managing Committee, the Wakf property is under the direct management of the Wakf Board

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I{aving regard to the above submissions of both the parties and considering the fact that more than five years have lapsed since the irnpugned order placing the Wakl property under the direct control/management of the Board was passed and in view of

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1'\1t)J \r1).15647.10i7

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Section 65(l) of the Act, a Wakf propcrty cannot re I rain under the direct managcnrent of the Wakf Board for more t[ tn five ycars, this Courl declns i1 fit and proper to direct the i'akf Board to consider thc clairn of the petitioner and pass aptr'r Jpriate orders thereon expeditiously, preferably at the second I eeting o1' the Board.

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With the abovc directions, this Writ Petition s disposed of.

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Therc slrall be no order as to costs

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NIiscr:llarreous applications, if any, pendirl in this Writ

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Petition. shall stand c Ioscd

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SD/i M.JAWAHAR REDDY / )AI;;ISTANT REGISTRAR

,TRUE COPY//

\ srcrtoru oFFtcER

To,

, I,]glll:,LrtSecretary. The Srare of Tetangana, M r r r:ty Wetfare uepanmenr. Uecretariat. Saifabad, Hyderabad, T.S.

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2 The chief Executive officer, The rerilganisiate-w r r Board, office at ^^{Razzak l,ttalzitNa.npally.Hyderabad,T:S - -'-'- '}

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J. Une UC to Sri I,4d Abdul Mateen eureshi, Advocate t, )pUCl 4' Two ccs to Gp for Sociar werfare, H'gh bou,1 fo-r the ' ;taie 6f tetangana, at Hyderabadd [OUT1

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! 9n"^{CC to Sir FarhanAzamKhan(SC} for TSWB) IOF UC] 6 Two CD Copies

TJ TKS

HIGH COURT

DATED:2811012025

ORDER

WP.No.35647 o12017

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DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS

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Mohd Ali Khan v. Prl.Secy., Minority Welfare Dept., Hyd., and Another

Case brief

What is this about?

What did the court decide?

Mohd Ali Khan v. Prl.Secy., Minority Welfare Dept., Hyd., and Another

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

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