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2021 Supreme(AP) 139

ARUP KUMAR GOSWAMI, C.PRAVEEN KUMAR
Managing Committee, Azeemuddin Masjid – Appellant
Versus
Shaik Abdul Rahim @ S. Khaja, Pesh-Imam of Azeemuddin Masjid – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.MD.Sharfuddin
For the Respondent: Mr.S.M.Subhan, Mr.S.Arifullah, Mr.Shaik Karimullah

JUDGMENT :

C. PRAVEEN KUMAR, J.

1. Aggrieved by the order passed by this Court on 27.01.2020 in W.P.No.14121 of 2019, wherein the learned Single Judge allowed the Writ Petition holding the termination of the Writ Petitioner bad in law, as it was not preceded by any preliminary enquiry and no opportunity was given to the petitioner before passing the order of termination, the respondents therein preferred the present Writ Appeal.

2. The averments in the affidavit filed in support of the Writ Petition show that the petitioner was working as Pesh-Imam of the appellant masjid since 1996. The appellant institute was notified by Waqf Board in the year 2017 and a new committee was appointed vide proceedings, dated 14.11.2017, for a period of two years. It is said that the petitioner was unanimously elected by congregation (jamath) as he possesses highest qualification, being Alim. According to him, the Government makes a monthly payment for Rs.8,000/-as salary, which is in addition to the amount of Rs.2,000/-towards honorarium. As the amount of honorarium paid is less than what is stipulated in G.O.Ms.No.21, Minorities Welfare (IDM) Department, dated 08.06.2016, a notice was issued to the 4t

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