Mohd. Ismail, S/O. Mohd. Ibrahim, v. The State Of Telangana,

IN THE HIGH COURT OF JUDICATURE; AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WRIT PETITION No. 18945 of 2015 BETWEEN Mohd Ismail

...Petitioner

And The State of Telangana, Rep. by its Principal Secretary, Minority Welfare Department, Secretariat, Hyderabad and ors.

...Respondents.

DATE OF JUDGMENT PRONOUNCED: 23.7.2015.

SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO

1. Whether reports of Local newspapers May be allowed to see the judgments?

YES/NO

2. Whether the copies of judgments may be Marked to Law Reporters/Journals.

YES/NO

3. Whether Their Ladyship/Lordship wish to

See the fair copy of the Judgment ?

YES/NO.

HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 18945 of 2015.

ORDER:

Heard learned Counsel on either side.

The petitioner is the former President of the Managing Committee of Masjid Omer Farooq and person interested within the meaning of Section 3(k) of the Wakf Act, 1995. The Wakf Institution is being managed by the Managing Committee constituted from time to time. The last Managing Committee was constituted on 19.01.2013 for a period of two years and its tenure expired on 18.01.2015. The petitioner submitted a representation on 16.10.2014 itself for renewal of the Managing Committee, but an adhoc Managing Committee has been constituted for a period of one month. The term of the said adhoc Managing Committee also came to an end. It appears that suit in O.S.No.45 of 2013 was filed on the file of the A.P. Wakf Tribunal for protection of the Wakf property relating to the institution. Another suit in O.S.No.

1341 of 2012 is also filed and the same is pending adjudication on the file of the learned XXI Junior Civil Judge, City Civil Court, Hyderabad. The petitioner is also a party in Writ petition No. 29937 of 2013 filed by one S.Manikya Reddy claiming the wakf property as his individual property. Since the term of the adhoc Managing Committee expired, the petitioner seeks consideration of his representation dated 16.10.2014 for renewal of the Managing Committee whose tenure expired on 18.01.2015.

Since there is no Managing Committee as of today, the second respondent shall consider the representation of the petitioner dated 16.10.2014 and take necessary action in accordance with law within a period of thirty days from the date of receipt of a copy of this order.

The Writ Petition is disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.

--------------------------------------------------- JUSTICE A. RAMALINGESWARA RAO DATED 23rd JULY, 2015.

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