IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION Nos.17523 of 2024 and 36141 of 2025 THE 1^ST DAY OF DECEMBER, 2025 W.P.No.17523 of 2024 Between:

Mohammed Riyaz ...Petitioner AND The State of Telangana, Rep.by its Principal Secretary, Minorities Welfare Department, Secretariat, Hyderabad and four others.

...Respondents W.P.No.36141 of 2025 Between:

The Managing Committee, Masjid-e-Aliya Sanche Tope, Gunfoundary, Hyderabad and another.

...Petitioners AND The State of Telangana, Rep.by its Principal Secretary, Minorities Welfare Department, Secretariat, Hyderabad and two others.

...Respondents

COMMON ORDER

W.P.No.17523 of 2024 is filed seeking a declaration that the inaction on the part of respondent No.2 in considering his representation dated 22.09.2023 for removal of the Managing Committee of Masjid-E-Aliya for constantly swindling of funds, maintaining two different bank accounts for the said mosque, embezzlement, criminal breach of trust, mismanagement as illegal and arbitrary and consequently to direct the respondents to consider the representation of the petitioner dated 22.09.2023 and take appropriate action thereon.

2. Learned counsel for the petitioner submits that the petitioner is one of the persons, who offers prayers in the subject Masjid and therefore, he is an interested party and his grievance against the Managing Committee of Masjid-E-Aliya for misappropriation of funds, embezzlement, criminal breach of trust etc., has been brought out in his representation, dated 22.09.2023. Since no action has been taken by the Waqf Board, petitioner has filed the present writ petition. 3. W.P.No.36141 of 2025 is filed by the Managing Committee of the said Masjid alleging that in spite of passing a resolution vide Resolution No.528, dated 26.10.2024 by respondent No.2 – Waqf Board, the Chief Executive Officer has not issued any proceedings in respect of the said resolution. Therefore, petitioners therein are seeking a direction to respondent No.3 to issue appropriate proceedings in accordance therein.

4. Heard learned Government Pleader for Social Welfare, Mr. Farhan Azam Khan, learned Standing Counsel for Waqf Board and learned counsel for the petitioner in W.P.No.17523 of 2024.

5. Having regard to the rival submissions and the material on record, this Court finds that the petitioners in W.P.No.36141 of 2025 were initially appointed as the Managing Committee of the subject Masjid and they continued for a period of three (3) years. After completion of the said period, vide Resolution No.528, dated 26.10.2024, tenure of the Managing Committee is extended. However, consequent proceedings have not been issued by the Chief Executive Officer and therefore the W.P.No.36141 of 2025 is filed.

6. The grievance of the petitioner in W.P.No.17523 of 2024 is about the conduct of the Managing Committee and mismanagement of Waqf property and misappropriation of funds by such Committee.

7. On perusal of the provisions of the Waqf Act, this Court finds that the petitioner in W.P.No.17523 of 2024 has a remedy under Sections 70 and 71 of the Waqf Act and therefore, the Waqf Board is directed to consider the representations of the petitioner as petition under Sections 70 and 71 of the Act and take appropriate action thereon in accordance with law.

8. As regards W.P.No.36141 of 2025 is concerned, learned counsel for the petitioner in W.P.No.17523 of 2024 submitted that the resolution referred to i.e., Resolution No.528, dated 26.10.2024 has been cancelled and therefore, action cannot be taken thereon. However, there is no counter filed by the Waqf Board to this effect. Therefore, this Court deems it fit and proper to direct the Chief Executive Officer of the Telangana Waqf Board to take appropriate action for execution of Resolution No.528, dated 26.10.2024 if not cancelled as alleged, and if he is not in agreement of the said resolution, he may follow the procedure under Section 26 of the Waq