THE HONOURABLE SMT. JUSTICE RENUKA YARA Civil Revision Petition No.939 of 2024

Order:

1. Heard Mr. M. Mehdi Hussain, learned counsel for the petitioners/respondent Nos.2 to 12, Mr. Mohd. Islamuddin Ansari, learned counsel for respondent No.1/applicant and Mr. Mohammed Ismail, learned standing counsel for respondent No.2. Perused the record.

2. This Civil Revision Petition is filed under Section 83(9) of Proviso of Wakf Act of 1995 aggrieved by the order passed by the learned Telangana State Wakf Tribunal at Hyderabad in O.A.No.71 of 2023, dated 05.02.2024, wherein, the said application filed by respondent No.1 herein to set aside the proceedings F.No.04/MDK/C/2007/Z-IV, dated 27.04.2023 issued by the CEO constituting the Managing Committee of the Wakf Institution Dargah Hzt. Fateh Khan (Rh) situated at Sanga Reddy Town i.e. respondent No.2 and revision petitioners herein, has been allowed setting aside the proceedings with a direction to conduct elections within three months from the date of the order.

3. For the sake of convenience, the parties are referred as they are referred in the original application before the learned Tribunal.

4. The brief facts of the case are that Dargah Hzt. Fateh Khan (Rh) situated at Sanga Reddy District is a Wakf institution as per information published in Government Gazette No.48-A, dated 29.11.2001. Said Wakf institution which was under the care of the Management Committee and assumed into direct management of the Board. The Ex-President refused to hand over the charge of the Wakf institution to the Board. The Board vide Resolution No.990, dated 13.10.2020 has unanimously taken the Wakf institution under the direct management. The management was taken over from Managing Committee Board headed by Alhaj Ghulam Samdani under the proceedings i.e. F.No.04/MDK/C/ 2007/Z-IV, dated 27.04.2023. It is alleged that vide the said proceedings, the respondent No.1 Board acted as Judge, Jury and Executioner.

5. Regulation 5 of the Managing Committee (constitution) Regulations 2009 contemplates that a Managing Committee may be constituted by approving the panel unanimously selected by Musallies and certified by the Inspector Auditor of the Board, alternatively, through election from among the Musallies of the Wakf Institution under the control and supervision of Inspector Auditor of the Board. The respondent No.1 ignored suggestion of the Inspector Auditor for approving the panel constituting the Managing Committee and indulged in violation of regulations framed for the purpose of constitution of Managing Committee. Some of the members of the Managing Committee constituted by the Board are tenants of Wakf institution who attract disqualification as per Regulation 9 of Constitution of Managing Committee Regulations i.e. Managing Committee is constituted with members who are not eligible. It is pleaded that there is abuse of power while passing the proceeding and therefore, said proceeding was sought to be set aside, by filing the Original Application.

6. In said Original Application, notice was issued to the respondents and the matter was contested by respondent Nos.1 to 8, 10 and 11. Upon considering the case of both the parties, the Wakf Tribunal allowed the Original Application and set aside the proceeding in F.No.04-MDK/C/2017/Z, dated 27.04.2023 and directed the respondent No.1 Board to conduct elections within three months. Aggrieved by the same, the present Civil Revision Petition is preferred.

7. In grounds of revision, respondent Nos.2 to 12 it is pleaded that Wakf Board is not a party to the Original Application but only the Chief Executive Officer (CEO) is made as a party. The resolution taken by the Board with 2/3^rd majority is to be implemented by the CEO who is under the administrative control of the Board. Since the Board is not arrayed as a party, the Original Application is bad for mis- joinder of parties under Order 1, Rule 9 of CPC. Further, the records of the Wakf Board were not called for passin