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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T.MADHAVI DEVI
Ibrahim Bin Farzullah – Appellant
Versus
State Of Telangana, Represented by its Principal Secretary – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to appointment of mutawalli. (Para 1 , 2) |
| 2. procedural irregularities in committee formation. (Para 3 , 4) |
| 3. respondent's defense and maintainability objections. (Para 5 , 6 , 7 , 8) |
| 4. court's analysis of committee appointment regulations. (Para 9 , 10) |
| 5. directive for conducting elections for waqf committee. (Para 11 , 12 , 13) |
ORDER :
T.MADHAVI DEVI, J.
In this writ petition, the petitioner is seeking a writ of mandamus declaring the action of the respondent No.2 in appointing the respondent No.3 as Mutawalli of Jama Masjid, A.C.Guards, bearing H.No.10-1-1181, vide proceedings dated 04.05.2023 and also Graveyard bearing H.No.6-2-973, situated at Khairatabad, A.C.Guards, Hyderabad, vide proceedings dated 01.05.2023, without following regulation 5(2) of the Andhra Pradesh Waqf Managing Committee (Constitutions, Functions and Duties) Regulation, 2009 as illegal and arbitrary and as in violation of the principles of natural justice and consequently to set aside the same and to pass such other order or orders in the interest of justice.
2. Brief facts leading to the filing of the present writ petition are that the subject institution bearing house
Appointment of Waqf managing committees must comply with statutory regulations, ensuring adherence to principles of natural justice and election procedures when multiple applications exist.
Point of Law : The provision for appointment of mutawalli is contained in the above quoted Section 63. Provision for appointment of a committee of management to manage the Waqf is also contained in S....
The Waqf Board acted without jurisdiction in recalling the managing committee's appointment, violating statutory procedures and principles of natural justice.
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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