Syed Vilayat Hussain, vs Syed Shah Liyagath Hussain Razvi,
2025 Latest Caselaw 1086 Tel

Telangana High Court

Syed Vilayat Hussain, vs Syed Shah Liyagath Hussain Razvi, on 6 August, 2025

THE HON'BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH
                                   AND
             THE HON'BLE SRI JUSTICE G.M.MOHIUDDIN
                        Writ Appeal No.535 of 2025
JUDGMENT:

Heard Mr. Mir Mukarram Ali, learned counsel

representing Mr. Mohd. Imtiazuddin Siddiqui, learned counsel

for the appellant; Mr. A.M.Qureshi, learned Senior Counsel

appearing for Mr. Md.Abdul Mateen Qureshi, learned counsel

for respondent No.1 and Mr. Farhan Azam Khan, learned

Standing Counsel for Waqf Board appearing for respondents

No.2 to 5.

2. The suspension of the writ petitioner-Mutawalli

(respondent No.1 herein) by the impugned order

dated 08.04.2025 was stayed by the learned writ Court by the

interim order dated 16.04.2025 passed on I.A.No.1 of 2025 in

W.P.No.11298 of 2025. Being aggrieved, the unofficial

respondent in the writ petition is in appeal here.

3. During the course of submissions, learned Standing

Counsel for the Waqf Board has informed that in consequence ::2::

of the interim order of the learned writ Court, the writ

petitioner-Mutawalli has been reinstated. The impugned writ

petition is pending and the pleadings are not yet complete.

4. Learned counsel for the appellant has made submissions

both on the ground of maintainability of the appeal and on the

merits of the case.

5. Learned counsel for the writ petitioner submits that the

writ petition has not yet been rendered infructuous as the writ

petitioner has been reinstated only pursuant to the interim

order of the learned writ Court.

6. Having regard to the nature of the dispute and as the writ

petition is still pending, we refrain from making any

observations in the present appeal. Let the parties complete

their pleadings before the learned writ Court and raise all

available grounds on law and fact on the main subject matter

relating to the jurisdiction of the Chief Executive Officer of the

Waqf Board (respondent No.5) to pass the order of suspension

of the writ petitioner- Mutawalli, which was under challenge in ::3::

the writ petition. Learned writ court is requested to consider

the writ petition upon completion of the pleadings.

7. The instant Writ Appeal is, accordingly, disposed of. No

costs.

As a sequel, miscellaneous petitions, pending if any, stand

closed.

____________________________ APARESH KUMAR SINGH, CJ

___________________ G.M.MOHIUDDIN, J Date: 06.08.2025 LUR