HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.4453 OF 2025 ORDER : (ORAL)

This writ petition is filed by the petitioner seeking to declare the inaction of the respondents in acting upon his complaints/ representations dated 23.03.2023 and 28.11.2024 alleging grave misconduct of Muthawalli of Dargah Hzt Abu Salar Hussaini, Paherghatti, as being illegal, arbitrary and unconstitutional.

2. Heard Mr. Syed Ali, learned counsel for the petitioner; Mr. Farhan Azam Khan, learned Standing Counsel for Waqf Board, appearing for respondent No.2 - the Telangana State Waqf Board, and Mr. M. Srinivas, learned Assistant Government Pleader for Home, and perused the material on record.

3. It is stated that the petitioner is Sajjada Nasheen, devotee and ardent follower of Dargah Hzt Abu Salar Hussaini, Patherghatti and performs several religious activities and is the person interested within the meaning of Section 3(k) of the Waqf Act, 1995 (for short ‘Act’). It is stated that respondent No.2 has appointed a Muthawalli for the subject waqf institution without adhering to the procedure contemplated under the Act. It is further stated that the said Muthawalli has misappropriated the funds and is unauthorizedly letting out the subject waqf institution for his personal gains, as such, the petitioner submitted representation dated 23.03.2023 and 28.11.2024 to initiate action against the said Muthawalli under Sections 70 and 71 of the Act. The grievance of the petitioner is that so far, no action has been initiated by respondent No.2 on his complaints/representations, as such, he was constrained to approach this Court.

4. Learned Standing Counsel for Waqf Board appearing for respondent No.2 submitted that appropriate action will be taken on the complaints/ representations dated 23.03.2023 and 28.11.2024 under Sections 70 and 71 of the Act.

5. Recording the aforesaid submission, without going into the merits of the case, this writ petition is disposed of directing respondent No.2 to take necessary action on the petitioner’s complaints/ representations 23.03.2023 and 28.11.2024 by giving opportunity of hearing to Muthawalli and to other interested/affected persons and pass orders in accordance with law, within a period of three (3) months from the date of hearing of a copy of this order. There shall be no order as to costs.

As a sequel thereto, miscellaneous applications, if any, pending in this writ petition, stand closed.

______________________ B. VIJAYSEN REDDY, J February 17, 2025

RRK