Managing Committee vs Mir Qasim Ali Khan
2021 Latest Caselaw 4192 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                       AND
            THE HON'BLE SRI JUSTICE N. TUKARAMJI


                   WRIT APPEAL No.637 of 2021

JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




     The present writ appeal is arising out of order dated

25.11.2021 passed in W.P.No.30466 of 2021 by the learned

Single Judge (Mir Qasim Ali Khan vs. The State of Telangana,

rep., by its Principal Secretary Minority Welfare Department

and another).

     The facts of the case reveal that the writ petition was

preferred by Mr. Mir Qasim Ali Khan stating that he has

submitted applications on 01.02.2017 and 22.06.2020 before

the respondents in the writ petition for appointing him as

Muthawalli. However, no orders have been passed in respect

of his applications.

The learned Standing Counsel appearing for the Wakf

Board before the learned Single Judge made a statement that

the authorities will verify the claim of the writ petitioner and

shall pass necessary orders in the matter.

The writ petition was accordingly disposed of directing

the respondents therein to pass necessary orders on the

application submitted by the writ petitioner within a period of

eight weeks from the date of receipt of a copy of the order.

Now the present writ appeal has been filed by the Managing

Committee, Ashoor Khana Nawab Jamsheed Ali Khan, stating

that the Managing Committee is looking after the affairs of

the Wakf since 2008 and the Committee has also submitted

an application on 15.07.2020 and the aforesaid fact was

suppressed before the learned Single Judge.

In the considered opinion of this Court, if an application

has been submitted by the present appellants that also

deserves to be looked into and to be considered along with the

application submitted by Mir Qasim Ali Khan.

The writ appeal is accordingly disposed of with the

consent of the parties, directing respondent Nos.2 and 3 in

the present writ appeal to consider the application of the

present appellants as well as respondent No.1 in accordance

with law and pass a final order within a period of eight weeks

from today.

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ N. TUKARAMJI, J 08.12.2021 ES