Item No.8
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT APPEAL No.567 of 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant/writ petitioner is aggrieved by an order dated
03.11.2020 passed by the learned Single Judge dismissing
W.P.No.19181 of 2020 filed by him.
2. The prayer made by the appellant/writ petitioner in the writ
petition was for directing the respondents No.2 and 3 to permit him to
construct a pucca grave of his mother in the Muslim Grave Yard attached to Masjid E Mohammadia Old Airport Road, Nagarjuna Colony, Gautam Nagar, Ferozguda, Hyderabad. The said petition was opposed by the respondent No.2/Wakf Board stating that there are factual issues involved in the case that cannot be entertained in a petition filed under Article 226 of the Constitution of India and that the appellant/writ petitioner ought to seek redressal before the Wakf Boad. Persuaded by the said submission, the learned Single Judge has dismissed the writ petition.
3. Today, Mr. Abu Akram, learned counsel for the respondents No.2 and 3 states on instructions that the Wakf Board has no objection W.A.No.567 of 2020 Page 1 of 2 to the appellant/writ petitioner beautifying the grave of his mother at the site in question and constructing a pucca structure over it.
4. In view of the above, the impugned order is quashed and set aside. The appellant/writ petitioner is permitted to construct a pucca structure over the grave of his mother at the site in question and beautify it. Before doing so, a written intimation of the date on which the appellant/writ petitioner proposes to visit the site with workmen to undertake construction work shall be communicated to the respondent No.4.
5. The present appeal is allowed and disposed of along with the pending applications, if any, with no order as to costs.
______________________________ HIMA KOHLI, CJ ______________________________ B. VIJAYSEN REDDY, J 10.06.2021 JSU/PLN W.A.No.567 of 2020 Page 2 of 2