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SUREPALLI NANDA
Mir Faiyaz Ali – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. Heard the learned counsel for the Petitioner, learned Government Pleader for Social Welfare appearing on behalf of respondents 1 and 3, Mr. Vedula Venkata Ramala, learned senior counsel appearing on behalf of respondent No. 2 and Mr. M. Layeeq Khan, learned counsel appearing on behalf of the 4th respondent.
2. This Writ Petition is filed praying to issue a Writ of Mandamus declaring the action of the 2ndRespondent in issuing impugned proceedings in file No. 02/RR/M/2020 dated 30.05.2023 thereby recognizing the services of the 4th Respondent as Mutawalli under Section 42 of the Waqf Act in respect of Dargah Hazrath Amanullahsaheb, Qutub Shahi Mosque together with its attached land at Hameedullah Nagar, Shamshabad Ranga Reddy District without following the orders dated 17.03.2021 in W.P. No. 5878/2021 of the High Court for the appointment of the petitioner as Mutawalli as arbitrary, illegal and in violation of Provisions of the Wakf Act 1995, Rules 2000, Article 14 of Constitution of India and Principles of Natural Justice and consequently to set aside the impugned proceeding in file No. 02/RR/M/2020 dated 30.05.2023 recognizing the 4th Respondent as Mutawalli under Section
The main legal point established in the judgment is the lack of clear guidelines for the appointment of Mutawalli, leading to biased and arbitrary decisions by the Wakf Board, and the intervention of....
Removal from Mutawalliship of Waqf estate – Disputed question of facts which cannot be gone into in a writ petition under Article 226 of Constitution of India.
The judgment establishes the principle that a petitioner must demonstrate injury or violation of legal rights to have locus standi to challenge an appointment, and waiver of specific rights may impac....
The appointment of Mutawalli is not by rule of primogenitor and must be based on the person's competence.
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