THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.35647 of 2017

ORDER

This Writ Petition is filed challenging the proceedings No.18/M/RR/2008, dated 05.10.2017 taking the institution the Jama Masjid Qutub Shahi with its attached shops situated at Kukatpally Village and Mandal, Medchal District, under the Direct Management of the Wakf Board under Section 65 of the Wakf Act, 1995 as illegal, void and ultra virus and consequently to set aside the same and to pass such other order or orders.

2. Sri Abdul Muqeet Qureshi, learned Senior Counsel representing learned counsel for the petitioner, submitted that the subject Wakf property was being managed by the earlier Mutavali, who was the father of the petitioner and after his death, a Managing Committee was appointed to manage the affairs of the property. He submitted that the petitioner filed O.A.No.28 of 2012 before the Wakf Tribunal challenging the appointment of the Managing Committee and instead to appoint him as Mutawalli and vide order dated 11.06.2013, the appointment of the Managing Committee was set aside and the Wakf Board was directed to expeditiously conduct an enquiry into the representation of the petitioner herein i.e., in the writ petition, who claimed appointment as Mutawalli being the son of the gazette-notified Mutawalli of the Wakf Institution, preferably within a period of three months therefrom. However, it is submitted that though the Wakf Board conducted an enquiry, it did not take any decision on the representation of the petitioner and proceeded to issue the impugned proceedings dated 05.10.2017, taking the subject property under its direct control.

Challenging the same, the present Writ Petition has been field.

3. Learned Senior Counsel appearing for the petitioner submitted that even under Section 65 of the Wakf Act, 1995, the Wakf property cannot be under the direct management of the Board for more than five years and since more than five years have lapsed, the Wakf Board has to take a decision on the claim of the petitioner.

4. Sri Farhan Azam Khan, learned Standing Counsel for the Wakf Board, appearing for respondent No.2, however submitted that under peculiar circumstances, the period of five years may be extended.

5. Learned Senior Counsel, however, submitted that since the property is under the direct management of the Wakf Board, sub- section (5) of Section 65 of the Act i.e., under extraordinary circumstances, would not apply in this case and therefore, the Board may be directed to take a decision on the representation of the petitioner expeditiously.

6. Learned Standing Counsel for the Wakf Board also pointed out that the term of the Managing Committee, even if approved, is only for a period of three years and since the period of three years has also expired, and as the Wakf Tribunal has already set aside the appointment of the Managing Committee, the Wakf property is under the direct management of the Wakf Board.

7. Having regard to the above submissions of both the parties and considering the fact that more than five years have lapsed since the impugned order placing the Wakf property under the direct control/management of the Board was passed and in view of Section 65(1) of the Act, a Wakf property cannot remain under the direct management of the Wakf Board for more than five years, this Court deems it fit and proper to direct the Wakf Board to consider the claim of the petitioner and pass appropriate orders thereon expeditiously, preferably at the second meeting of the Board.

8. With the above directions, this Writ Petition is disposed of.

There shall be no order as to costs.

9. Miscellaneous applications, if any, pending in this Writ Petition, shall stand closed.

___________________________ JUSTICE T. MADHAVI DEVI Date: 28.10.2025 PRN HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.35647 of 2017 Date: 28.10.2025 PRN