THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.878 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. Shafath Ahmed Khan, learned counsel for the
appellants.
Mr. Mirza Nisar Ahmed Baig, learned counsel for
respondent No.1.
Mr. M.Roopender, learned Government Pleader for Home
for respondent No.2.
Mr. Pattipaka Ram Prasad, learned Government Pleader
for Social Welfare Department for respondent No.3.
Mr. Abu Akram, learned Standing Counsel for
respondent No.4.
2. With consent of the parties, the matter is heard
finally.
3. This intra court appeal has been filed against an
order dated 18.07.2023 passed by learned Single Judge of
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this Court, by which writ petition preferred by respondent
No.1 has been allowed and the election of the appellants who
are the members of the Managing Committee constituted by
the Wakf Board has been set aside.
4. Facts
giving rise to filing of this appeal briefly stated are that respondent No.1/writ petitioner filed a writ petition namely W.P.No.38834 of 2022, in which validity of order dated 06.08.2022 issued by Chief Executive Officer, Telangana State Wakf Board was challenged. Respondent No.1/writ petitioner did not implead the appellants initially. However, subsequently on 21.10.2022, an application seeking their impleadment namely I.A.No.2 of 2022 was filed.
5. The aforesaid application was allowed on 18.07.2023 and on the same day, learned Single Judge passed a separate order dated 18.07.2023 and allowed the writ petition preferred by respondent No.1. The result of the direction issued by learned Single Judge is that the election of the appellants who are the Managing Committee which was constituted by the Wakf Board has been set aside.
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6. Learned counsel for the appellants has raised a similar contention that the impugned order has been passed without affording an opportunity of hearing to the appellants.
7. On the other hand, learned counsel for respondents have supported the order passed by the learned Single Judge.
8. We have considered the submissions made on both sides and have perused the record of Writ Petition No.38834 of 2022.
9. From perusal of the record, it is evident that no notice of I.A.No.2 of 2022 was issued to the appellants and the same was allowed only on 18.07.2023. On the same day by a separate order, learned Single Judge has allowed the writ petition preferred by respondent No.1. Thus, from perusal of the record of the writ petition, it is apparent that neither any notice of the writ petition was issued to the appellants nor they were heard.
10. For the aforementioned reasons, impugned order dated 18.07.2023 passed by learned Single Judge in ::4::
W.P.No.38834 of 2022 cannot be sustained in the eye of law. It is accordingly set aside. Learned Single Judge shall hear the parties including the appellants and thereafter shall deal with the writ petition.
11. Accordingly, the Writ Appeal is allowed. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand closed.
_______________________________ ALOK ARADHE, CJ _______________________________ N.V.SHRAVAN KUMAR, J Date: 13.09.2023 KL