Telangana High Court
Muneera Shakeel vs The Government Of Andhra Pradesh, on 20 December, 2023
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
THURSDAY, THE EIGHTH DAY OF NOVEMBER
TWO THOUSAND AND TWELVE
:PRESENT:
THE HON'BLE SRI PINAKI CHANDRA GHOSE, THE ACTING CHIEF
JUSTICE
AND
THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR
WP .NO:33131 of 2012
Between:
Muneera Shakeel W/o Nisar Ahmed,
..... Petitioner
AND
1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Minority
Welfare,
Department, Secretariat Hyderabad
2 The A.P. State Wakf Board, Rep. by its Chief Executive Officer,
Haj House Complex, Opp : Public Garden, Nampally Road, Hyderabad,
A.P.
3 The A.P. State Wakf Tribunal, Rep. by its Presiding Officer,
5th floor, Small Causes Court Complex, City Civil Court, Hyderabad.
.....Respondents
Petition under Article 226 of the Constitution of India, praying that
in the circumstances stated in the petition and the affidavit filed herein, the High
Court may be pleased to issue any appropriate Writ, order or direction more
particularly one in the nature of Mandamus declaring orders issued by 2nd
Respondent vide proceedings bearing No.M5/106/Prot/Hyd/2002, dated
07.11.2003 and the judgment passed by 3rd Respondent in O.S. No. 1 of 2004,
on 25-05-2010 and Section 107 of Wakf Act 1995, as invalid, illegal, arbitrary,
unconstitutional and in violation of Article 14 of Constitution of India and violation
of principles of natural justice, Wakf Act, 1995 and set aside the same.
The petition coming on for hearing, upon perusing the petition and
the affidavit filed herein and upon hearing the arguments of Sri Mirza Safiulla
Baig, Advocate for the Petitioner and of the G.P. for Minority Welfare, for the
Respondents No. 1 & 3, and of Sri M.A.K. Mukheed, Advocate for the
Respondent No.2, the Court made the following.
ORDER:
"Allegation has been made in this writ petition, as it appears from the
statement made in para 11 of the affidavit of the deponent, that the matter
was heard out; petitioner filed further written argument and the second
respondent counsel advanced arguments and accordingly the judgment
was reserved in O.S.No.1 of 2004 and the matter was posted on 18.03.2010
but the said judgment did not see the light of the day. Accordingly, the writ
petitioner after waiting for more than 1½ years filed a memo Sr.No.2262 of
2011 dated 06.09.2011 in O.S.No.1 of 2004 before the third respondent and
thereafter, the third respondent directed the section to trace out the file and
post the case for further proceedings.
The docket order dated 03.10.2011, on the aforesaid memo, reads as
follows:
"Clerk Endorsement:
Found in Alamarah lying in disposed of files.
Memo is closed."
Further docket order dated 18.02.2012 reads as follows:
"Subsequent Endorsement of the Clerk:
Judgment already pronounced by the then Presiding Officer
dt.26.05.2010. By mistake not noted on the memo, when file was
traced out on 03.10.2011. Kindly oblige."
It is the complaint of the writ petitioner that she has not received the copy
of the judgment and in fact, the judgment was not pronounced on
18.03.2010.
In view of that, we only direct the Wakf Tribunal to send report and the
entire file of O.S.No.1 of 2004 to this Court. Such report must come before
this Court within a period of two (2) weeks from today.
In view of that, status quo, as on today, shall be maintained.
List on 20.11.2012."
ASSISTANT REGISTRAR
//TRUE COPY//
For ASSISTANT REGISTRAR
To
1 The Principal Secretary, Minority Welfare Department, Government of Andhra
Pradesh,
Secretariat Hyderabad
2 The Chief Executive Officer, A.P. State Wakf Board, Haj House Complex,
Opp : Public
Garden, Nampally Road, Hyderabad, A.P.
3 The Presiding Officer, A.P. State Wakf Tribunal, 5th floor, Small Causes Court
Complex,
City Civil Court, Hyderabad. (Addressees 1 to 3 BY RPAD)
4. The Registrar (Judl.), High Court of A.P., Hyderabad (for kind perusal)
5. The Registrar General, High Court of A.P., Hyderabad (for kind perusal)
6. Two CCs to G.P. for Minorities Welfare, High Court of A.P., Hyderabad (OUT)
7. one CC to Sri Mirza Safiulla Baig, Advocate (OPUC)
8. Two Spare Copies
AB
HIGH COURT
AB
DRAFTED ON 9-11-2012
HACJ
&
VVAJ
DATE: 8-11-2012
NOTE: LIST ON 20-11-2012
ORDER
WP. NO. 33131 OF 2012
STATUS QUO
