Gulam Mohammed Mir Hasan Ali Zubair Nawab v. State Of Telangana
2020-09-10
A.ABHISHEK REDDY
body2020
DigiLaw.ai
JUDGMENT A.Abhishek Reddy, J. - Main grievance of the petitioner is that in spite of the Telangana State Waqf Board having passed a Resolution reinstating the petitioner on 07.07.2018, the official respondents are not issuing the proceedings as mandated by law and therefore, the petitioner was constrained to give representations dated 28.10.2019 and 21.07.2020. 2. Learned counsel for the petitioner has stated that even though more than two years have been elapsed, the official respondents, more particularly, respondent No.3 is not passing any order. Learned counsel for the petitioner has drawn the attention of this Court to Section 26 of the Waqf Act, 1995, wherein the Chief Executive Officer considers that an order or resolution passed by the Board is not in accordance with law, is in excess of or abuse of the powers conferred on the Board, if implemented, is likely to cause financial loss to the Board or to the concerned waqf or to the auqaf generally or lead to a riot or breach of peace or cause danger to human life, health or safety, and is not beneficial to the Board or to any waqf or to auqaf, he may place the matter before the Board for its reconsideration. In the absence of the same, the Chief Executive Officer cannot sit over the Resolution passed by the Board. 3. Learned Standing Counsel for the Waqf Board has stated that necessary orders will be passed on the representations of the petitioner made on 28.10.2019 and 21.07.2020 duly taking into consideration the resolution passed by the Board strictly in accordance with law and sometime may be given. 4. In view of the above made submissions, this Court is of the opinion that ends of justice would be met, if the respondents are directed to dispose of the representations made by the petitioner dated 28.10.2019 and 21.07.2020 strictly in accordance with law, as expeditiously as possible, preferably, within a period of three (3) weeks from the date of receipt of a copy of this order. Any order passed by the respondents shall be communicated to the petitioner. 5. This Writ Petition is accordingly disposed of. 6. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.