HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY C.R.P. Nos.1394 & 1392 OF 2022 AND W.P. Nos.15769, 18513 & 19649 OF 2021

COMMON ORDER :

1. All these matters arise out of the disputes relating to the Wakf Institution viz., Bargah-e-Hazrath-e-Abbas (AS), Deevan Devdi, Hyderabad (hereinafter referred to as ‘Wakf Institution’), in connection with appointment of Mutawalli to the Wakf Institution and other common issues, as such, they are being disposed of by this common order.

2.1. Both C.R.P. Nos.1394 and 1392 of 2022 are filed by Mir Hyder Ali Moosavi challenging the common judgment dated 03.12.2021 in O.A. Nos.34 and 49 of 2021 passed by the learned Telangana State Wakf Tribunal, Hyderabad (for short ‘Wakf Tribunal’). The said O.As. were filed under Section 83(2) of the Wakf Act 1995 (for short ‘Wakf Act’) challenging the order in F.No.02/Z1/T/HYD/ 2015 dated 01.07.2021 passed by respondent No.1 - the Telangana State Wakf Board, Hyderabad (for short ‘Wakf Board’), whereby he (respondent No.2 - Mir Hyder Ali Moosavi) was appointed as Mutawalli of the Wakf Institution under Section 42 of the Wakf Act, only for specific period i.e., from 01.07.2021 to 30.06.2022.

2.2. W.P. No.15769 of 2021 is filed by Syeda Kaneez-e-Sakina Moosavi challenging the very same proceedings i.e., Memo in F.No.02/Z1/T/HYD/2015 dated 01.07.2021.

2.3. W.P. No.18513 of 2021 is filed by Mir Jaffar Ali Moosavi Alias Mir Abbas Ali Moosavi challenging the action of respondent No.2 - Wakf Board in appointing respondent No.4 - Mir Hyder Ali Al Moosavi as Mutawalli of the Wakf Institution without considering his objections and representations dated 16.04.2021 and 10.06.2021 as violative of Articles 14 and 21 of the Constitution of India and provisions of the Wakf Act.

2.4. W.P. No.19649 of 2021 is filed by Syeda Kaneez-e-Sakina Moosavi challenging the highhanded action of respondent Nos.1 to 4 and 6 to 9 in evicting her and her family members from the ‘Ladies Room’ admeasuring 120 square feet in the Wakf Institution, wherein she along with her family members has been residing for over fifty-five (55) years, without issuing any prior notice, and also the inaction of respondent Nos.4 and 5 on the complaint dated 10.08.2021 lodged by her sister Sahana Moosavi, as arbitrary, illegal, unjust, violative of principles of natural justice and contrary to the provisions of the Wakf Act and the Rules made thereunder; and for a consequential direction to the respondents to put the petitioner and her family members back in possession of the ‘Ladies Room’ and direct respondent Nos.4 and 5 to take appropriate action on the complaint dated 10.08.2021.

C.R.P. Nos.1394 & 1392 of 2022 :

3. For convenience sake, the parties herein are hereinafter referred to as they are arrayed before the Wakf Tribunal.

4. As the main dispute centres around the appointment of Mutawalliship to the Wakf Institution which is the subject matter in O.A. No.34 of 2021 before the Wakf Tribunal, the facts therein are referred to which are as under:

5.1. O.A. No.34 of 2021 was filed by the applicant - Syed Hadi Ali Moosavi aggrieved by the order of the Wakf Board in F.No.02/Z1/T/HYD/2015 dated 01.07.2021 whereby respondent No.2 (Mir Hyder Ali Moosavi) was appointed as Mutawalli to the Wakf Institution.

O.A. No.49 of 2021 was also filed by the same applicant - Syed Hadi Ali Moosavi aggrieved by the proceedings of the Wakf Board in F.No.02/Z1/T/ HYD/2015 dated 01.07.2021 whereby he was rejected for the post of Mutawalli to the Wakf Institution.

5.2. As per the Muntaqab dated 19.04.2002 in File No.H1/61/93 the Wakf Institution is in an extent of 1344 square yards. This Wakf Institution was founded by Hazrath Syed Noor-ul-Huda Saheb Qibla about 450 years back. Syed Noor-ul-Huda Saheb Qibla also dedicated other properties for religious and pious purposes. This Wakf Institution was founded with an intention to standardise the sacred relics in the form of alams for the purpose of mourning in continuous commemoration of grief for mar