The Awqaf Committee vs Mohammed Azhar Ali Irfan
2023 Latest Caselaw 3120 Tel

     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