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2004 Supreme(AP) 192

V.V.S.RAO
Mohd Abdul Kareem, Chilkalguda – Appellant
Versus
A. P. State Wakf Board, rep. by Chief Executive Officer, hyderabad – Respondent


V. V. S. RAO, J.

( 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










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