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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
APARESH KUMAR SINGH, G.M.MOHIUDDIN
Syed Zainul Abideen Hussaini Quardi – Appellant
Versus
Syed Mohammed Mohiuddin Quardi – Respondent
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 ‘
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.
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....
The Waqf Board acted without jurisdiction in recalling the managing committee's appointment, violating statutory procedures and principles of natural justice.
The Waqf Board holds original jurisdiction over mutawalli appointments, while the Tribunal's role is appellate, as established by the Waqf Act.
The Waqf Board must adhere to the rules of succession as per the waqf deed, reinforcing the principle of governance according to established customs and the intent of the waqif.
The judgment establishes the principle that a petitioner must demonstrate a direct injury or violation of legal rights to have locus standi to challenge an act, and waiver of specific rights may impa....
The main legal point established in the judgment is the interpretation of the powers and limitations of the Waqf Tribunal under the Waqf Act, 1995, and the entitlement of male lineal descendants to m....
The Chairman of the Waqf Board has the authority to appoint a new Management Committee post supersession based on the provisions of the Waqf Act.
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