Lrfan Khan vs The State Of Telangana
2021 Latest Caselaw 1611 Tel

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

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