THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.1377 of 2014 DATE: 11.11.2014 Between:
Managing Committee Masjid E Khurd also known as Choti Masjid, Rep. by its Secretary, Subedari, Hanamkonda, Warangal.
… Appellant And Government of Telangana, Rep. by its Secretary, Minority Welfare Department, Secretariat, Hyderabad and others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.1377 of 2014 Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) The learned Standing Counsel for Wakf Board accepts the notice.
We admit the appeal for hearing and dispose of the same after hearing the learned counsel for the parties by the following orders.
As could be seen the nature of the appeal is such that it does not require any hearing with observance of procedural formalities.
This appeal is preferred against an interim order passed by the Single Judge in the Writ Petition, whereby the Wakf Board has been asked to consider fixing the most appropriate period of tenancy and communicate the said decision to the petitioner as well as the third respondent.
It appears from perusal of the Writ Petition that the writ petitioner challenged the proceedings in File No.36/N1/WGL/2005, dated 19.09.2014 issued by the second respondent and in connection therewith, an application for interim relief was made wherein he prayed for stay of further operation of the impugned order.
As rightly contended by the learned counsel for the appellant, His Lordship has not considered the interim relief prayed for and passed an inappropriate interim order, which is unrelated to the matter. We are of the view that the learned trial Judge should have considered whether the relief prayed for should be granted or not, perhaps there was no proper assistance at the time of hearing.
We accordingly set aside the impugned order and remand the matter for consideration of the interim relief afresh in the context of the prayer made and the statements and averments made in the writ affidavit and also the application for interim relief.
The writ appeal is accordingly allowed.
Pending miscellaneous applications, if any, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 11.11.2014
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