Imran Khan v. The Telangana State Waqf Board
t 32s6 I HIGH COURT FOR THE STATE OF TELANGANA AT IIYDERABAI) (Special Original Ju risdiction) WEDNESDAY, THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 43825 OF 2022 Between:
Imran Khan, s/o late Rahrnatth Khan, Occ. Business At ll-l-43714, Agapura. Hyderabad ...PETITIONER AN'D l. The Telangana State WaqfBoard, rep by its ChiefExecutive Officer, Hajj House Complex, Opp Public Garden, Nampally Hyderabad ...RESPONDENT 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 issue a Writ Order or Direction more Particularly in the nature of MANDAMUS Declaring the action of respondent Waqf Board in not regularizing the tenancy of the petitioner in respect ofHouse Property bearing Municipal Door No I I-l-417l4, situated at Aghapura, Bhoiguda, Hyderabad which is a Waqf Property attached to Dargah Hazarath Mirza Sardar Baig (RA) having received arrears of rents, non refundable deposit, as well as one month rent having received the representation dated 26-11-2021 as being lllegal, Arbitrary, Capricious, Malafide, contrary to Section 56 of the Waqf Act of 1995.
IA NO: I OR 2022 Petition under Section l5l CPC praying that in the circumstances stated in the affidavit filed in shpport ofthe petition, the High Court may be pleased to grant interim directions directing the respondent waqf Board to regularize the tenancy in the name of the petitioner in respect of House Property bearing Municipal Door No ll-l-437l4, situated at Aghapura, Bhoiguda Hyderabad which is a Waqf property attached to Dargah Hazarath Mirza Sardar Baig (RA) in pursuance of the the representation dated 26-ll2021 . Counsel for the Petitioner:
SRI. NAGIJLA MEERA SHAIK Counsel for the Respondents: ABU AKRAM (SC FOR TSWB) Thc Court made the following:
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No. 43825 of 2022 ORDER:
Heard learned counsel for the petitioner and Sri Abu Akram, learned Standing Counsel for the respondent-Waqf Board 2.
The Writ Petition is filed questioning the action of respondentWaqf Board in not regularizing the tenancy of the petitioner in respect of House Property bearing Municipal Door No.1 l-l-437 14, situated at Aghapura, Bhoiguda, Hyderabad which is a Waqf property attached to Dargah Hazaratt, Mirza Sardar Baig in spite of submitting the representation dated 26.11.2021 as illegal and arbitrary.
3.
It is contended by learned counsel for the petitioner that the respondent is not receiving the rents in respect of the subject Mulgi though the petitioner is ready and willing to pay the same. Complaining action of the respondent in not receiving the rents from the petitioner in respect of the subject property and not considering the representation dated 26.11.2O2I the present writ petition is filed. 4.
On the other hand, Sri Abu Akram, learned Standing Counsel I I / !
submitted that originally the subject property was leased out as residential property to some others and the petitioner herein came into possession of the same and converted the same as commercial
property and the petitioner has to pay the entire arrears and in case if the petitioner pays such arrears fully, the respondent -Waqf Board is ready to regularize the possession of the petitioner by duty entering into an agreement treating the subject property as a commercial property. Learned counsel for the petitioner submitted that the petitioner is ready to pay the entire arrears. 5.
In the light of the submission made by learned Standing Counsel, this Court is of the considered view that there is no necessity to examine the matter further deep and the Writ Petition can be disposed of at the stage of admission itself. 6.
In view of the above, the Writ Petition is disposed of directing respondent to consider the said representation, dated 26.11.2021, submitted by the petitioner in the light of the submission made by Sri Abu Akram, learned Standing Counsel as noted above, and take appropriate action, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. SD/.C.PRAVEEN KUMAR ASSISTANT REGISTRAR \ L- //TRUE COPY// SECTION F'FICER To,
1. The Chief Executive Officer, Hajj House Complex, Opp Public Garden, Nampally Telangana State Waqf Board. Hyderabad
2. One Ct to SRI. NAGULA MEERA SHAIK Advocate [OPUC]
3. One cc to SRI. ABU AKRAM (SC FORTSWB) Advocate [oPUC]
4. Two CD Copies
HIGH COURT MSK..I DATED: 1411712022 -$
ORDER
WP.No.43825 of 2022 WRIT PETII'ION IS DISPOSED OF WITHOUT COST