MOHDMOHSINUDDIN Vs. GOVERNMENT OF A P REP BY ITS PRINCIPAL SECRETARY MINISTRY WELFARE AND WAKF DEPARTMENT HYDERABAD

JUDGEMENT

(1.) Jamia Masjid attached to Sunni Muslim Graveyard at Musheerabad is a registered Sunni Wakf Institution. One Mr. Mohd. Ali filed O. S. No. 1627 of 1977 on the file of V Assistant Judge, City Civil Court, Hyderabad, seeking a declaration that he is the hereditary Mutawalli of the Jamia Masjid, popularly known as Great Mosque, Musheerabad. The said suit came to be decreed on 10-12-1982 declaring Mohd. Ali as hereditary Mutawalli of Jamia Masjid. Pursuant to the judgment and decree of the civil Court, A. P. State Wakf Board appointed Mohd. Ali as Mutawalli of the Jamia Masjid, vide Proceedings No. H1/6/1/87, dated 30.03.1988. He died on 01-01-1991. His son Mohd. Nazeer Ali along with seven others initiated proceedings before the Joint Collector, Hyderabad District seeking his appointment as Mutawalli of Jamia Masjid in succession to Mohd. Ali. The Joint Collector dismissed the application for want of jurisdiction. Mohd. Nazeer Ali applied for Towliath in place of his father for the Jamia Masjid. A. P. State Wakf Board under Proceedings No. 41/6/1/87, dated 17-10-1997 appointed Mohd. Nazeer Ali as temporary Mutawalli till the decision of Towliath. A committee came to be constituted by the A. P. State Wakf Board for managing the affairs of Jamia Masjid, vide proceedings No. 41/Hyd-111/K/05, dated 01.7.2005 for a period of two years and the said period came to be extended for a further period of two years. The third respondent filed O. A. No. 20 of 2005 on the file of A. P. Wakf Tribunal, Hyderabad assailing the action of the A. P. State Wakf Board in constituting the committee to manage the affairs of Jamia Masjid. He withdrew the OA consequent on the decision taken by the A. P. State Wakf Board not to extend the tenure of the committee and to appoint him as Mutawalli of Jamia Masijid. A memo came to be issued by the A. P. State Wakf Board on 12-4-2007 to that effect.

(2.) One Mohd. Khaja Baber, President of the Managing Committee submitted objection petition dated 23.4.2008 for the appointment of Mohd. Nazeer Ali as Mutawalli of the Jamia Masjid. A complaint came to be presented against Mohd. Nazeer Ali that he got alienated 91 square yards of Jamia Masijid through his mother Raheemunnisa Begum under an agreement of sale, dated 25-11-2003, for Rs. 3 lakhs. On the basis of the complaint, dated 17-11-2009, the 1st respondent issued proceedings, vide F/H1/6/1/87-Z/1 Suppl. dated 8-12-2009 appointing an Enquiry Officer. The Enquiry Officer framed three charges against Mohd. Nazeer Ali. Charge No. 1 is that he constructed a house and mulgies on the graveyard situated at premises bearing No. 14-4-836/2, Bholakpur, Musheerabad, Hyderabad. Charge No. 2 is that he alienated a piece of land admeasuring 91 square yards bearing Municipal No. 1-4-716, Bholakpur, Musheerabad, Hyderabad which is part of a jamia masjid. Charge No. 3 is that he collected rents from mulgies that are constructed in the graveyard comprising premises bearing No. 1-2-836/2 without the consent of A. P. State Wakf Board. Mohd. Nazeer Ali submitted explanation on 12-4-2010. The Enquiry Officer found charge No. 1 and Charge No. 3 as proved while negativing the accusations levelled under charge No. 2. Accordingly, the enquiry officer submitted report on 30.6.2010. The A. P. State Wakf Board has not taken any action basing on the enquiry report.

(3.) Mohd. Mohsinuddin filed W. P. No. 23065 of 2009 seeking mandamus declaring the Resolution No. 488 of 2009 dated 20-10-2009 passed by the A. P. State Wakf Board appointing Mohd. Nazeer Ali as Mutawalli as arbitrary and illegal.