2004 Supreme(AP) 192
Andhra Pradesh High Court
Judges : V.V.S.RAO
Mohd Abdul Kareem, Chilkalguda - Appellant
Versus
A.P. State Wakf Board, rep.by Chief Executive Officer, hyderabad - Respondent
Decided On : 02-17-04
Headnote:
wakf Act, 1995 –Sections 83, 7 –Constitution of India –Articles 226/227 –Motor Vehicles Act –Sections 173, 149 (2) –Issue on Offering of Prayers –The two petitioners belong to a Muslim sect known as Ahle-Hadees –They regularly offer prayers at Jamia Masjid –It appears members of other community subscribed to the view that women are ineligible to offer prayers in a Mosque and Idgah, as per Fatwa said to have been issued by Moghal Emperor aurangazeb – Ahle-Hadees, however, believe that women can also perform prayers at mosque and Idgah, provided there is a separate enclosure for them –The petitioners claim that during ramzan and Bakrid days along with their other brethren they used to offer prayers from 7. 30 a. m. to 8. 30 a. m. and there was no practice of Ahle-Sunnat-Wal-Jamat offering prayers at the Idgah and they used to offer prayers only in the Mosque –There have been disputes between the two sects on this ground –Therefore, Ahle-Sunnat-Wal-Jamat, the second respondent herein, filed a suit, seeking a decree of injunction restraining the petitioners and members of Ahle-Hadees from offering prayers at Mosque and Idgah –Held, Court is, therefore, of the view that unless the party aggrieved of the orders of the CEO has availed of the alternative remedy available to him under the Statute and the Tribunal has determined the issue or dispute or the nature of the property as provided under the provisions of the Act, this court, cannot go into question of validity of the orders passed by the Chief executive Officer. " as seen from the above, the jurisdiction of the High Court in disputes relating to Wakfs can be invoked only when an aggrieved party files a revision petition and a writ petition would not be maintainable –In view of the binding precedents, this court is not inclined to go into the merits of the contentions on other two questions raised by the learned counsel for respective parties –These are left open to be decided at an appropriate stage in appropriate proceedings –In the result, for the above reasons, the writ petition is dismissed in limine, giving liberty to the petitioners to avail the remedy –Writ Petition dismissed
( 1 ) THE two petitioners belong to a Muslim sect known as Ahle-Hadees. They regularly offer prayers at Jamia Masjid, and Idgah of chilkalguda in Secunderabad. It appears members of other community known as Ahle sunnat-Wal-Jamat subscribed to the view that women are ineligible to offer prayers in a Mosque and Idgah, as per Fatwa said to have been issued by Moghal Emperor aurangazeb. Ahle-Hadees, however, believe that women can also perform prayers at mosque and Idgah, provided there is a separate enclosure for them. The Idgah at chilkalguda is under the control of Andhra pradesh State Wakf Board, first respondent herein, and citizens of Islamic faith offer prayer at the Idgah on the day of Idd-ul-Fitr and Idd-ul-Zuha (popularly called Ramzan and Bakrid respectively ).
( 2 ) THE petitioners claim that during ramzan and Bakrid days along with their other brethren they used to offer prayers from 7. 30 a. m. to 8. 30 a. m. and there was no practice of Ahle-Sunnat-Wal-Jamat offering prayers at the Idgah and they used to offer prayers only in the Mosque. There have been disputes between the two sects on this ground. Therefore, Ahle-Sunnat-Wal-Jamat, the second respondent herein, filed a suit, being O. S. No. 167 of 2001, before A. P. Wakf tribunal, Hyderabad, seeking a decree of injunction restraining the petitioners and members of Ahle-Hadees from offering prayers at Mosque and Idgah at Chilkalguda. The petitioners herein, another devotee and two other persons claiming themselves to be president and Secretary of the Managing committee of Jamia Mosque Ahle Hadees also filed O. A. No. 21 of 2001, seeking a direction to respondents 1 and 2 herein (A. P. Wakf Board and Managing Committee, ahle-Sunnat-wal-Jamat), to permit the petitioners and followers of, Ahle-Hadees sect by separate arrangement for ladies to perform Idd prayers on the occasion of idd-Ul-Fitr and Idd-Ul-Zuha, prior to the prayers of the followers of Ahle-Sunnat-Wal-Jamat. They also sought for a direction not to interfere with performance of the lad prayers.
( 3 ) THE learned Wakf Tribunal by a common Award dated 20-1-2004, dismissed o. S. 167 of 2001 filed by the second respondent herein and decreed O. A. 21 of 2001 filed by the petitioners and others. The decree reads as under:"1. That the Original application be and the same is hereby allowed with the directions for every RAMZAN and bakrid idd prayers as follows: 2. That Ahle Sunnath-wal-Jammath do start prayers sermons by 7. 00 a. m. and complete rituals by 8. 30 a. m. sharp and afterwards vacate the idgah premises. 3. That Ahle Hadees members with their women folk are permitted to discharge Idd prayers by 10. 45 a. m. onwards. 4. That both the committee members are ordered to maintain strict adherence to the above directions and maintain peace, law and order at the Idgah Premises. 5. That there shall be no order as to costs. "
( 4 ) FEELING aggrieved by the decree, insofar as the same allows Ahle-Sunnath- wal-Jamath to start prayers by 7. 00 a. m. and complete rituals by 8. 30 a. m. and allowing Ahle Hadees members to perform prayers with their women folk from 10. 45 a. m. onwards, the petitioners filed the present writ petition. The petitioners are not aggrieved as such by the decree passed by the learned Tribunal, but they have a grievance about allowing rival muslim sect to perform prayers earlier than members belonging to petitioners sect. The learned counsel for the petitioners, Sri S. Prabhakar, submits that the order passed by the tribunal is irrational, that it is bad for nondisclosure of reasons and that by allowing petitioners sect to commence prayers at 10. 45 a. m. the Tribunal perpetually made the members belonging to Ahle Hadees sect a second class muslims. He would also urge that when an order is passed by the Tribunal on the grounds which are irrational and unreasonable and not germane to resolve the controversy, a writ petition would lie to this court.
( 5 ) THE learned Standing Co