High Court for State of TelanganaWP/27471/2015disposed of no costs

Mirza Azizulla Baig, v. The State Of Telangana,

2015-09-03A Ramalingeswara Rao3 pages

THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.27471 of 2015 DATE 03-09-2015 Between:

Mirza Azizulla Baig ... Petitioner And

1. State of Telangana, rep. by its Principle Secretary, Minority Welfare & Wakf Department, Secretariat, Hyderabad, and others.

... Respondents

THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO W.P.No.27471 of 2015 ORDER:

The petitioner is a secretary of Zam Zam Masjid Committee, situated at Charbowli, Girimajipet, Warangal District, which is Sunni Muslim Wakf Property. The Said wakf property was notified and published in the A.P. Gazette No.5-A, dated 01.02.1990 at Serial No.1141 under the Muthawalliship of Janab Azmath Ali. The said Wakf property was constructed in the year 1944 with the contribution of the Sunni Muslims. The Muthawali of the Wakf property expired two decades ago. The 2nd respondent has been managing the said Wakf property by constituting Managing Committee under Section 18 of the Wakf Act, 1995. The present writ petition is filed challenging the proceedings dated 17.08.2015 appointing Ad-hoc Managing Committee to manage the affairs of the Wakf.

The main grievance of the petitioner is that without conducting elections the Ad-hoc Managing Committee is being continued since the death of the original Muthawalli.

Sri Mirza Safiulla Baig, learned Standing Counsel for the 2nd respondent-Wakf submits that since there was no problem with regard to the management the elections are not being held to constitute the new Managing Committee to manage the affairs of the Wakf. In the circumstances, the writ petition is disposed of directing the 2nd respondent to conduct elections to the Managing Committee as early as possible not later than six months from the date of receipt of a copy of this order. It is needless to mention that the Ad-hoc Managing Committee appointed on 17.08.2015 shall continue till the elections

are conducted within the said period of six months. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

_____________________________ A. RAMALINGESWARA RAO, J.

3rd September, 2015 Js.