Writ jurisdiction cannot be exercised when statutory remedies under the Waqf Act are available, affirming the exclusive jurisdiction of Waqf Tribunal over disputes concerning Waqf properties.

JUDGMENT :

The present Writ Appeal is directed against the order dated 12.12.2025 passed by the learned Single Judge in W.P.No.3148 of 2025, whereby the learned Single Judge allowed the Writ Petition and set aside the proceedings dated 18.12.2024 issued by the Telangana State Waqf Board (for short “the Board”) appointing the appellants (respondent Nos.3 to 9 in the Writ Petition) as President and Members of the Towliath Committee of Dargah Hazrath Imam Ali Shah Quadri (R.H.), Balapur, and further directed the Board to reconstitute the said Committee considering the claim of respondent No.1 (writ petitioner) for the post of President with preferential status.

2. For the sake of clarity and brevity, the parties are hereafter referred to as they were arrayed in the Writ Petition.

Factual background (succinctly stated)

3. Dargah Hazrath Imam Ali Shah Quadri, Balapur (for short ‘the Balapur Dargah’) is a notified Waqf institution bearing Serial No.2958, as published in the Gazette dated 09.02.1989. Upon the demise of the original Mutawalli, disputes arose regarding succession to the office of Mutawalli. In order to resolve the said disputes, a Family Compromise dated 25.02.1960 (for short ‘the Compromise Deed’) was recorded in Case No.13/2 of 1959.

4. The key terms of the Compromise Deed were:

i. A Towliath (Management) Committee shall be constituted.

ii. Syed Ghouse Mohiuddin Quadri (father of the Writ Petitioner and grandfather of respondent No.3) shall be the President.

iii. In case of any eventuality concerning the President, his legal heirs or nominee would succeed him.

5. Subsequent disputes between the parties culminated in further litigation. A Division Bench of this Court, by Judgment in W.A.No.23 of 1992, directed the constitution of a fresh Towliath Committee strictly in accordance with the Compromise Deed, while continuing Syed Ghouse Mohiuddin Quadri as the Chairman thereof. In compliance with the said directions, the Waqf Board constituted a five-member Towliath Committee vide proceedings dated 03.04.1993.

6. Upon the demise of Syed Ghouse Mohiuddin Quadri, his 2^nd son, Syed Sultan Mohiuddin Quadri, who is the brother of the writ petitioner, was appointed as Mutawalli/President of the Balapur Dargah through Gazette Notifications dated 20.01.2005 and 08.02.2007. The said appointment made under Section 63 of the Waqf Act, 1995 (for short ‘the Act’), was assailed before the Waqf Tribunal (for short ‘the Tribunal’). However, the challenge was dismissed and the appointment was upheld by the order dated16.09.2006 in O.A.No.4 of 2005.

7. Subsequently, the Board appointed Syed Sultan Mohiuddin Quadri as Mutawalli under Section 42 of the Act vide proceedings dated 29.06.2012. The said appointment was assailed in O.A.No.45 of 2016 before the Tribunal. The Tribunal, by judgment dated 01.10.2021, allowed the O.A, set aside the impugned appointment, and issued elaborate directions for reconstitution of the Towliath Committee in strict conformity with the Compromise Deed and the proceedings dated 03.04.1993. The Tribunal categorically held that the office of President shall be filled from the first branch, namely the branch of Syed Ghouse Mohiuddin Quadri, and that the remaining members of the committee shall be drawn from each of the five branches of the family.

8. The order of the Tribunal was challenged in C.R.P.No.1608 of 2021. The said C.R.P. was dispo