ORDER :

Heard learned counsel for the petitioner, learned Government Pleader for Home, learned Government Pleader for Minorities and Mr Abu Akram, learned standing counsel for the 3rd respondent – waqf board.

2. This writ petition is filed to issue writ of Mandamus declaring the proceedings bearing F.No.07/HYD/C/2018/Z-1, dated 06.08.2022 issued by the Chief Executive Officer, Telangana State Waqf Board as highly illegal, arbitrary, unconstitutional, infringing of petitioners fundamental and legal rights apart from violative of Waqf Act, 1995, Andhra Pradesh Waqf Managing Committee (Constitution, Functions and Duties) Regulations,2009, action of the respondents in constituting the committee through impugned proceedings is highly illegal, arbitrary, unconstitutional.

3. The case of the petitioner, in brief, is as follows:

a) The petitioner is regular mussalli (prayer offerer) at Jamia Masjid, Mallepally, which is a registered Wakf Institution, being maintained and managed by a committee appointed by the Telangana Wakf Board from time to time.

b) H.No.11-3-912 is the Jamia Masjid, Mallepally, Hyderabad which is a registered and notified waqf property, and the same is published in A.P Gazette No.32-A, dated 30.08.1984 at Pages No.24 and 25 at Sl.No. 1772 covering an extent of 1470 Sq.Yrds., its attached properties are a house, three mulgies, tin shed and open land admeasuring 8200 Sq.Yds., bearing Municipal Nos.11-3-913/1 to 916/1, situated at Mouzzampura, Mallepally, Hyderabad.

c) The petitioner applied for the copy of Muntakab, Gazette and other documents i.e. the (a) Proceedings, dated 28.02.2018, (b) Boards Resolution No.1209, dt.22.06.2021, (c) Representation dated 17.01.2022, (d) Note orders of Hon'ble Chairperson, Telangana State Wakf Board, Hyderabad, (e) Boards Resolution No.26, dt.23.07.2022 and Orders of the Hon'ble Chairperson, Telangana State Wakf Board, Hyderabad but they were not made available to the petitioner except the proceedings bearing F.No.07/HYD/C/2018/Z-1, 06.08.2022 through RTI Act issued by Chief Executive Officer, Telangana State Wakf Board, Hyderabad.

d) The Mosque is being managed by the Committee from a long time, but the Management of the earlier committees were not up to the mark, the Mussalies of the Mosque, the Wakf Institution was suffering a lot due to inbuilt politics, hidden agendas of the office bearers, which were brought into the notice of respondents herein, but nothing concrete was done to avoid making the Wakf Institution and Musallies to suffer.

e) The Managing committee was constituted for a period of (3) years under Section 18 of Wakf Act, 1995 through Proceedings bearing F.No.07/HYD/C/2018/2-1, dated 28.02.2018 under the Presidentship of Mr. Mohammed Abdul Jabbar accompanied by (8) office bearers, whose term came to an end on 27.01.2021.

f) After expiry of the earlier committee, a new committee was appointed unanimously by the Board's Resolution and Mr. Gulam Ahmed Pasha was appointed as President of the Committee accompanied by (10) other office bearers. It's so happened, the few members of the committee resigned from the office and a vacuum was created. The Wakf Board without any powers included (3) new names of the persons in the Committee, which resulted in filing of a Writ Petition bearing W.P No.9431 of 2018, and the High Court passed an Interim Order by deleting added names and the said Writ Petition is still pending adjudication. The term of the committee came to an end after (2) years.

g) That being so, the petitioner filed a representation on 20.06.2020 addressing respondent No.3, requesting the office to consider the names of locality people, who are residents of Mozzampura, Mallepally, Hyderabad, because earlier the committee members were non-residents of Mozzampura, Mallepally, Hyderabad and the supervision was not proper and appropriate due to numerous reasons, in which the