High Court for State of TelanganaWP/8590/2015disposed of no costs

Syed Afzaluddin, v. State Of Telengana,

2015-04-10Challa Kodanda Ram3 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO.8590 of 2015 Between:

Syed Afzaluddin PETITIONER AND 1.

The State of Telangana, rep. by its Secretary for Minority Welfare, Secretariat, Hyderabad, and others.

RESPONDENTS

ORDER:

This writ petition is filed seeking the following relief: "...to issue, writ order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the proceedings No.

861/CNVGU091Z.111, dated 05.01.2013, issued by the 2nd respondent herein, constituting the Managing Committee to Masjid-e-Kalan Aiwan-eShahi at Subedari, Warangal District, including the members of erstwhile committee which was superseded for the acts of irregularities, as illegal, arbitrary, unjust and against the provisions of GO Ms. No. 74, dated 20- 112009 in the interest of justice and pass such other and further orders as are just and necessary in the circumstances of the case...."

The petitioner challenges the constitution of Committee vide proceedings dated 07.02.2015 by including two members of the erstwhile committee, which was superseded on various irregularities, and not an elected or re-elected body. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Social Welfare (Telangana) for 1st respondent and Sri Mirza Shafiullah Baig, learned Standing Counsel for the 2nd respondent.

Without expressing any opinion on merits, the writ petition is disposed of with liberty to the petitioner to bring to the notice of the Wakf Board the specific allegations, which in the opinion of the petitioner disentitle the committee headed by Sri Mirza Osman Baig as not a Committee and which was appointed on account of the disqualification of the President and Vice-President, who are the members of the Managing Committee 2013. In the event of Wakf Board does not act after a reasonable time on the submission of the petitioner, he shall be at liberty to take appropriate legal proceedings as may be enjoined under law. With the above direction, the writ petition is disposed of. No costs. As a sequel, miscellaneous petitions, if any, shall stand closed. _____________________ CHALLA KODANDA RAM, J.

10th April, 2015 Js.