Mohammed Naser Pasha, v. State Of Telangana And 3 Others

[ 3256 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 4201 OF 2023 Between:

Mohammed Naser Pasha, S/o. Mohammed Khaiser Pasha, Aged about 30 years, Occ; Care-Taker, R/o.H.No.7-61, Kumanivadi, Shamshabad, Ranga Reddy District. ...PETITIONER AND 'l . State of Telangana, Rep. by its Principal Secretary, Minority Welfare Department, Secretariat, Hyderabad.

2. Telangana State Wakf Board, Haj House, Nampally, Hyderabad, Rep. Of its Chief Executive Officer.

3. Shah Mohammed Moizuddin MultaniAl Qadri, S/o. Khader Pasha, Aged Major, Occ ; Mutawalli, R/o. Falaknuma, Hyderabad.

4. Shah Mohammed Mujeebuddin Multani Al Qadri (Kazim Pasha), S/o. Shah Mohammed Moizuddin Multani Al Qadri, Aged Major, R/o. Falaknuma, Hyderabad.

...RESPONDENTS 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 to order or any direction, writ more appropriately in the nature of Writ of Mandamus declaring the action of the 3rd respondent in trying to declare the 4th respondent as his Successor (Rasm-E-Janashini) of the Wakf Property under the guise of Sandal Shareef of Bargah Shamshabad Khankhahe Multanla Qadria, Near Railway Gate, Shamshabad which is schedule to be on 15.02.2023 without any prior permission from the 2nd respondent herein is illegal and uncon stitution al besides gross violation of the provisions of the Wakf Act, 1955 consequently direct the respondents to stop the Rasm-E-Janashini of the 4th respondent which is to be schedule on 15.02.2023 by considering the representation dated 11.02.2023 made by the petitioner herein strictly in accordance with the Provisions of the Wakf Act, 1955.

l.A.NO:1 OF 2023 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 stop the Rasm-E-Janashini of the 4th respondent which is to be schedule on 15.02.2023 by considering the representation dated 11.O2.2O23 made by the petitioner herein strictly in accordance with the Provisions of the Wakf Act, 1 955.

Counsel for the Petitioner : SRI.MOHAMMED HABEEBUDDIN Counsel for the Respondent No.1 : GP FOR SOCIAL WELFARE Counsel for the Respondent No.2 : SRI.ABU AKRAM Counsel for the Respondent Nos.3 & 4 : -- The Court made the following ORDER

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.42O1 OF 2023 ORDER:

It is represented by Sri Abu Akram, Iearned Standing Counsel appearing for respondent No.2-Waqf Board, that , respondent No.2 has not recognized respondent No.4 as successor of respondent No.3 and the said ceremony/ formalit5r stated to have been scheduled to take place on 15.02.2023 is not recognized by respondent No.2-Waqf Board. Any such action will not be recognized by respondent No.2-Waqf Board, until and unless a proper application is submitted in terms of Section 42 of tlr,.e Waqf Act, 1995 and processed in accordance with law. 2.

In the light of the submission made by Sri Abu Akram, learned Standing Counsel appearing for respondent No.2-Waqf Board, no further orders need be passed and accordingly, the Writ Petition is closed duly placing on record the submission made by Sri Abu Akram, learned Standing Counsel appearing for respondent No.2-Waqf Board.

MSK.J Wp_4201 2023 As a sequel, miscellaneous petitions, pending if any in this Writ Petition, shall stand closed. there shall be no order as to costs.

SD/. T.TIRUMALA DEVI ASSISTANT REGISTRAR '

ll,'., //TRUE COPY// SECTION OFFICER To

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

2. One CC to SRI MOHAMMED HABEEBUDDIN, Advocate IOPUCI

3. One CC to SRI ABU AKRAM, Advocate IOPUC]

4. Two CD Copies

5. One spare copy S.A..

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t HIGH COURT DATED:1410212023 HE STA I ..Q_ ( d 23 FEB 2l2l o j + \\r.,+ i:.,;..,,., ',.-, ):tt'- * ./

ORDER

WP.No.4201 ot 2023 GLOSING THE W.P WITHOUT COSTS.

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