Abdul Jabbar Khan Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Abdul Jabbar Khan Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Direction to the respondent-Waqf Board (Telangana State Waqf Board) to conduct elections to the subject waqf institute (Sawaran Mosque, Karimnagar) on or before 30.03.2026; writ petition disposed of at the admission stage; no order as to costs; miscellaneous petitions (including IA No. 1 of 2025 under Section 151 CPC) stand closed.

Issue for consideration

Whether the appointment of Respondent No. 4 / Ad-hoc Committee for Sawaran Mosque, Karimnagar, by Respondent No. 2 vide proceedings dated 04.08.2025 - effected without conducting mosque-committee elections despite this Court's direction dated 08.02.2022 to constitute an Election Committee within eight weeks - warrants setting aside the proceedings and conduct of elections.

Court's answer

In view of the submissions of both sides (petitioner alleging continued non-conduct of elections; Waqf Board standing counsel conceding elections would follow 'in due course' and seeking about three months, i.e., after Ramzan 2026), the Court disposed of the writ petition at the admission stage, directing the respondent-Waqf Board to conduct elections to the subject waqf institute on or before 30.03.2026. The specific prayer to set aside the proceedings dated 04.08.2025 was not separately acted upon.

Detailed headnote1 paragraphs

W.P. No. 39218 of 2025 | Abdul Jabbar Khan v. The State of Telangana & 7 others | High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction) | Decided 19.12.2025 (Friday) | Single-member bench: Hon'ble Smt. Justice T. Madhavi Devi. By a petition under Article 226 of the Constitution, the petitioner challenged Respondent No. 2's proceedings dated 04.08.2025 (F.No 1244/C/KNR/2007/2-IVA/01-1) appointing Respondent No. 4 / Ad-hoc Committee for Sawaran (Masjid-e-Sawaran) Mosque, Karimnagar District, asserting that elections to the mosque committee had never been conducted despite this Court's order dated 08.02.2022 in W.P. No. 3467/2016, W.A. No. 271/2016, W.P. No. 16828 of 2020 and 4243 of 2021, which had suspended the Ad-hoc Committee appointment and directed constitution of an Election Committee in terms of the Waqf Act within eight (08) weeks; a further representation dated 28.07.2025 drew a repeat Ad-hoc Committee appointment. An interim application under Section 151 CPC (IA No. 1 of 2025) sought suspension of the proceedings pending disposal. Standing counsel for the respondent-Waqf Board submitted that the Ad-hoc Committee was constituted only to look after the affairs of the institute and that elections would follow 'in due course,' seeking about three months, i.e., after Ramzan 2026. HOLDING: the Court disposed of the writ petition at the admission stage, directing the respondent-Waqf Board to conduct elections to the subject waqf institute on or before 30.03.2026; no costs; pending miscellaneous petitions closed; the prayer to set aside the 04.08.2025 proceedings was not separately granted.

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

(Special Original Jurisdiction)

FRIDAY,THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTTCE T.MADHAVI DEVI

WRIT PETITION NO:39218 OF 2025

Abdul Jabbar Khan, S/o Abdul Lateef Khan, Aged about- 50 Years, Business, R/o H.No. 6-6-416, Shahat Nagar, Kareemnagar District.

EIIIII

Welfare 2. House, 3. Manzil,

I Biyabani Razvi, S/o Mohd Saheb Hussai n, Age about 75 years, OccPresident of Adhoc Comm Sawaran, R/o H. No. 3-93, Sawaran Street, Ka District.

Md Javid Hussain, S/o of known, Age about major, Occ- Vice Presidnet of Adhoc Committee Of Masjid -eSawaran, R/o 3-2€3, Sawran Street,

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 an appropriate Writ or Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.2 appointing the Respondent No.4/Adhoc committee for Sawaran Mosque situated at Karimnagar Karimnagar District vide proceedings F.No

1244lClKNR,t2007lz-lVAlol-|, dated- 0410812025, without following the law and without conducting the election in Mosque Committee, as well as the orders of this Honble {igh court in W.P. No.346712016, W.A. No.271t2016, W.P. No. 16828 of 2020 and 4243 of 2021, dated- 0810212022 illegal, arbitrary and in violation of principles of natural justice and also against the equity and consequently direct the Respondent No.2 by set aside the proceedings F.No 1 244 I C lKNRl,2007 lz-lVAlol- l, dated- 0 4 I 08 12025, a nd h old the electio n lA NO: 1 OF 2:,025

Petitior 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 consider the representation dated- 2810712025 by suspend the proceedings F.No 1244lClKNRl2:O07lZ-lVAlol-|, dated- 0410812025, issued by the Respondent No. 2 appointing the Respondent No 4 Adhoc committee for Sawaran Mosque, situated at Karimnagar, District, pending disposal of the writ Petition

Counsel for the Petitioner: SRl. THIMMARAJU RAMCHANDRA RAO Counsel for the Respondent No. 1: GP FOR SOCIAL WELFARE

Counsel for the Respondent Nos.2-3: SRt FARHAN AZAM KHAN, SC FOR TSWB

Counsel for the Respondent Nos. 4to8:-

The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAI)

THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI No. 18 OF

DATE: 19.12.20125

Between:

Abdul Jabbar Khan

.Petitioner

AND

The State of Telangana & 7 others

.Respondents

ORDER:

ln this writ petition, the petitioner is chalenging the action of respondent No.2 in appointing respondent No.4/Adhoc committee for Sawaran Mosque situated at Karimnagar, Karimnagar District vide proceedings dt.o4.08 .2o2s and in not complying with the direction of this court dt.o8.02.2022 in w.p.No.346z /2016, w.A.No.2 zrl216, w.P.No.L682B of 2o2o & 4243 of 2021, as ilregar and arbitrary and consequently to set aside the proceedings dt.o4.og .2o2s and to hold Elections and to pass such other order or orders.

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2

Learned counsel for the petitioner submitted that petitioner has Iited w.P.Nos.1682g of 2o2o &, 4243 of 2021 and this court vide order dt.0g.o2 .2022 suspend.ed the appoi:etment of Adhoc Committee and the writ petitions were disporied of directing the respondents to constitute Election comnrittee to the subject waqf Institute in terms of the waqf Act within a period of eight (08) weeks from the date of receipt of copy of the order therein, but the respondents have not condu,:ted Elections titl date. It is submitted that when the petitioreers have made a further representation on 2}.or.2o2s for corrduct of elections, instead of conducting Elections, the respon,cents have again issued proceedings dt.o4.Og.2o2s appoinr:ing Adhoc committee to look after the affairs of the subject waqf Institute. Therefore, the petitioner is challenging the pro,:eedings dt.O4.O8 .2025.

Ix:arned standing counser appearing for waqf Board is also heard who submitted that Adhoc committee is constituted only to look after the aftairs of subject waqf Institute and that the Ele<:tions will be conducted in the due course. He seeks three months time to conduct Elections i.e., after the month of \wrzan^2026.

3

In view of the above submissions of both the parties, this

Court is inclined to dispose of the writ petition at the admission stage with a direction to the respondent-waqf Board to conduct Elections to the subject waqf Institute on or before 30.03.2026.

Accordingly, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

SD/. L.VIJAYA LAXMI STANT REGIS

\

,/TRUE COPY/'

OFFICER

To,

The Principal Secretary Minority Welfare Department Secretariat Hyderabad 2. The Chief Executive Officer, Telangana State Waqf Board, Haj House, Razzak Manzil Hyderabad.

The Chairman, Telangana State Waqf Board Haj House, Razzak Manzil, Hyderabad.

One CC to SRl. THIMMARAJU RAMCHANDRA RAO Advocate [OPUC] 5. Two CCs to GP FOR SOCIAL WELFARE ,High Court for the State of Telangana at Hyderabad IOUTI

One CC to SRl. FARHAN AZAM KHAN , SC FOR TSWB [OPUCI

Two CD Copies

,nt d ffiI BM ['172a PSK4vL,

I

HIGH COURT

DATED:1911212025

ORDER

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WP.No.39218 of 2025

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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