THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.990 OF 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. Mohammed Imran Khan, learned Senior Counsel,
representing Ms. Aarifa Imran Khan, learned counsel for the
appellant.
Mr. Islamuddin Ansari, learned counsel for respondent
Nos.1 and 2.
Mr. Abu AKram, learned Standing Counsel for Telangana State Wakf Board for respondent Nos.4 to 6.
2. With the consent of the parties, the matter is heard finally.
3. In this appeal, the appellant has assailed the validity of the ad interim order dated 20.09.2023 passed by the learned Single Judge in Writ Petition No.25329 of 2023 by which respondents Nos.2 to 4 therein were directed to remove the seal in respect of the premises in question.
4. Learned Senior Counsel for the appellant submits that the appellant is Awqaf Committee constituted to look after the wakf ::2::
properties. It is further submitted that the appellant has not been impleaded in the writ petition. It is further submitted that in compliance of the impugned order, if the seal is removed, respondent Nos.1 and 2/writ petitioners shall demolish the property.
5. In view of the aforesaid submissions, learned counsel for respondent Nos.1 and 2/writ petitioners undertakes that respondent Nos.1 and 2/writ petitioners shall not demolish the property till the orders are passed on the applications which may be filed by the appellant seeking impleadment and vacation of the ad interim order impugned in this appeal.
6. In view of the aforesaid submissions and in the facts of the case, it is open for the appellant to file an application seeking impleadment in the writ petition and an application seeking vacation of the interim order dated 20.09.2023. Needless to state that in case such applications are filed, the learned Single Judge shall decide the same. It is directed that respondent Nos.1 and 2 shall not demolish the building in question till the application seeking vacation of the interim order dated 20.09.2023 is decided ::3::
by the learned Single Judge. It is further directed that status quo shall be maintained in respect of the property. It is made clear that this Court has not expressed any opinion on merits of the matter.
7. The writ appeal is accordingly disposed of. There shall be no order as to costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ ALOK ARADHE, CJ ________________________ N.V.SHRAVAN KUMAR, J Date:12.10.2023 Lrkm