I N THE HI GH COURT OF TELANGANA AT HYDERABAD

W.P.No.15769 OF 2024

Between:

Sri Mushahed Ali … Petitioner

And

Sri M.A.K. Mukheed & two others

… Respondents

JUDGMENT PRONOUNCED ON: 09.06.2025

THE HON’BLE MRS JUSTI CE SUREPALLI NANDA

1. Whether Reporters of Local newspapers : Yes

may be allowed to see the Judgment?

2. Whether the copies of judgment may be : Yes

marked to Law Reporters/Journals?

3. Whether Their Lordships wish to : Yes

see the fair copy of the Judgment?

___________________________ MRS. JUSTI CE SUREPALLI NANDA

THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA W.P.No.15769 OF 2024 % 09.06.2025 Between:

# Sri Mushahed Ali ... Petitioner And $ Sri M.A.K. Mukheed & two others … Respondents < Gist:

> Head Note:

! Counsel for the Petitioner : Sri K. Lakshmi Narasimha ^ Counsel for Respondents : Sri Gandra Mohan Rao, Learned Senior designate counsel representing Sri K.

Ravinder Reddy, Learned Counsel on record for R1 Sri Imran Khan, Learned Addl.Advocate General for R2, Sri A.M.Qureshi, Learned senior designated counsel appearing for Mir Ibrahim Ali Kamil, learned Standing Counsel for R3 ? Cases Referred:

(1) 2006 (11) SCC 731 (2) (2017) SCC Online Hyd 426)

(3) 2021 SCC Online SC 3422 (4) 2025 Live Law (SC) 454 dated 22.04.2025, THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA W.P. No.15769 OF 2024

ORDER:

Heard Sri K.Lakshmi Narasimha, learned counsel appearing on behalf of the petitioner, Sri Gandra Mohan Rao, learned Senior designate counsel representing Sri K. Ravinder Reddy, learned counsel appearing on behalf of Respondent No.1 on record, Sri I mran Khan, learned Additional Advocate General appearing on behalf of Respondent No.2 and Sri A.M. Qureshi, learned senior designated counsel appearing for Sri Mir I brahim Ali Kamil, learned counsel on record for Respondent No.3.

2. The Petitioner approached the Court seeking prayer as under :

“...to issue a Writ of order preferably in the nature of Writ of Quo Warranto and consequently quash the impugned G.O.Ms.No.10, Minorities Welfare (Estt-II) Department dated 05.03.2024 issued by the 2^nd respondent appointing the 1^st respondent as Member of Telangana State Waqf Board is wholly without power or jurisdiction and contrary to law and unconstitutional and consequently quash the same as such and to pass such other order...”

3. The case of the Petitioner in brief as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present Writ Petition, is as follows:

i) Petitioner is a Muslim and a Practicing Advocate.

Petitioner being interested in the well being and good administration of the Waqf Board is a person interested in the waqf as defined under Section 3(k) of the Waqf Act 1995.

ii) It is the specific case of the petitioner that Government vide G.O.Ms.No.9 dated 09.02.2022 issued notification for Reconstitution of Telangana State Waqf Board and also notified the Election Schedule. Consequent upon the said G.O.Ms.No.9, the Government reconstituted the Waqf Board vide G.O.Ms.No.25 dated 30.04.2022. Vide the said G.O., Government instead of reconstituting the Telangana State Waqf Board by eleven members, reconstituted it with ten members. The 1^st respondent filed W.P.No.12368 of 2022 challenging G.O.Ms.No.25 dated 30.04.2022 whereunder one M.Zakeer Hussain Javid had been declared as elected for the post of Member of Telangana State Waqf Board under the category of Section 14(1) (b) (iii) of the Waqf Act, 1995 as Muslim Member of the Bar Council.

iii) It is further the case of the petitioner that State Government had taken a decision and issued a Memo No.2872/Estt-II/2023 dated 07.10.2023 communicating the decision to constitute the Waqf Board with 11 members duly including the 1^st respondent, Member of the Bar Council, under Section 14(1)(b)(iii) and aggrieved by the same petitioner filed W.P.No.29138 of 2023 and on the basis of the submission made by the learned counsel appearing on behalf of the 1^st respondent, this Court vide its order dated 17.10.2023 in W.P.No.29138 of