Important Point—Offerings are not meant for commercial realization of income by Wakf Board.

The self-same 10 petitioners in both the Writ Petitions maintained against the self-same respondents 1 and 2 with unofficial 3rd respondent respectively by names R.1-Telangana State Wakf Board rep. by Chief Executive Officer, Nampally, Hyderabad, R.2-Dargah Hazarath Janpak Shabeed, Janpahad village, Nereducherla Mandal, Nalgonda District and R.3-Md.Masood Ali, the so called bidder.

1(a). The prayer in W.P.No.1315 of 2017 reads as follows:-

“to issue a Writ of Mandamus or any other appropriate writ declaring that the action of the 1st respondent in issuing the e-procurement tender notice dated 16.12.2016 purporting to auction the offering items of the 2nd respondent Dargah namely Hundi, Neem Tree Hundi, Chirag Bathi, Udi, Fateha, Thaviz and Pottel Juba, Nimboo and Narial Bandish, Sandal and Flower and vehicle Fateha, is arbitrary, irrational and without jurisdiction and consequently direct the respondents to forbear from proceeding with the said auction in respect of the said offering items/religious rites and grant such other relief as it deems fit in the circumstances of the case’.

1(b). The prayer in W.P.No.14547 of 2017 reads as follows:-

“to issue a Writ of Mandamus or any other appropriate writ declaring that the action of the 1st respondent contained in Proceeding in F.No.06/AUC/DJPK/NLG/2014-15/Z-III, dated 17.04.2017 giving a contract on weekly basis of the offering items/religious rites in Dargah Hazrath Syed Mohiuddin Toulia @ Zanpak Shahid(RHH) to the 3rd respondent ignoring the orders of the Honourable Court in W.P.No.1315 of 2017, is arbitrary, illegal and without jurisdiction and consequently set aside the same and direct the 1st respondent not to auctioning the offering items/religious rites of the Dargah either on weekly basis or otherwise and grant such other relief as it deems fit in the circumstances of the case.”

2. Pending disposal of the Writ Petition interim reliefs sought and in W.P.No.1315 of 2017, the interim order passed by another Bench of this Court on 06.01.2017 is by staying the schedule opening of the bid on 12.01.2017 initially for two weeks from that date and later the same was extended from time to time including until further orders and in W.P.No.14547 of 2017 the interim order passed by the another Bench of this Court on 04.05.2017 is that the schedule opening of bid on 12.01.2017 is stayed initially for a period of two weeks and there was an observation that prima facie the Court is of the view that through the order, dated 06.01.2017, directed the respondents 1 and 2 not to open the bid on 12.01.2017. What was prevented by doing through the interim order dated 06.01.2017, cannot and could not be allowed to be carried out by the 1st respondent to the proceeding impugned in the Writ Petition. The Court further of the view that the respondents 1 and 2 ought to have worked out by vacate stay petition instead of issuing proceeding impugned in the Writ Petition. Since the learned standing counsel has contended that the financial exigency and loss is one of the reasons for issuing proceeding impugned in the writ petition and the Court is of the view that in the matter relating to wakf, endowment or church either profit or loss is not the basis on which these decisions are guided. The impugned proceeding in the Writ Petition is thus suspended for a period of four (4) weeks as the impugned proceeding defeats the order in W.P.No.1315 of 2017 and in view of the urgency canvassed, directed the Registry to post both the Writ Petitions on 01.06.2017. It is ultimately until further orders, the interim order is extended after hearing both sides while reserving the matters for orders on 15.06.2017.

3. The common averments in the respective affidavits in support of the respective two Writ Petitions of the 1st petitioner for and on behalf of all the other petitioners are that the petitioners are the devotees of the 2nd respondent-Darga, a Wakf Institution within the meaning of Wakf Act,1955,(for short, the