IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE FOURTH DAY OF JUNE, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON’BLE SRI JUSTICE: VILAS V.AFZULPURKAR WP .NO: 15255 of 2014 Between:
Sher Ali Shah, S/o. Late Manzoor Ali Shah AND . Petitioner
1. The State of Andhra Pradesh, rep by its Principal Secretary, Minorities Welfare Department, Secretariat at Hyderabad.
2. The Chief Executive Officer, A.P. State Waqf Board, Haj House Complex, Opp: Public Garden, Nampally Road, Hyderabad, A.P.
. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of “writ of Mandamus” by declaring the action of the official respondent Nos. 1 & 2 more particularly respondent No.2 in not reinstating the petitioner back to the post of Muthawalliship by reviewing its order, inspite of giving representation dt: 06-05- 2014 in pursuance of the directions of this Hon’ble Court by its order dated: 27-03-2014 passed in WP.No. 1477 of 2014 in respect of the notified Waqf Institution Dargah Hazrath Kamal Shah Biyabani and also known as Dargah Kanteshwar Hazrath Syed Shah Kamal Biyabani, Mosque, Sarai, Ashoorkhana, published in A.P. Gazette No. 44-A Supplement-II, dt: 31-10-2002 published at serial No. 24651 on page No. 151, since the petitioner was suspended by the respondent No.2 in pursuance of his order in File No. 46/NOC/NZB/2012/Z-II-I, dt: -09-2013 (05-09-2013) upon some fictitious complaint by invoking urgency clause under section 64(5) of the Waqf Act 1995, despite there is no need for invoking such urgency clause, as arbitrary highhanded, ex-facie illegal, and against the spirit and object of the Waqf Act 1995 and consequently direct the respondent No.2 to review its aforesaid suspension order, in the light of the petitioner’s representation dt: 06-05- 2014, in the interest of justice.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of Sri Nazir Ahmed Khan, Advocate for the Petitioner, G.P. for Social Welfare for the Respondent No.1 and of Sri Safiullah Baig – S.C. for AP Wakf Board for the Respondent No.2, the Court made the following ORDER:
“ Prima facie, it is found that the order of this court dated. 27-03-2014 in WP.No. 1477 of 2014 is not complied with.
The Chief Executive officer as well as the Enquiry Officer of the A.P. Wakf Board shall, therefore, be present in the court on 05-06-2014.
Post on 05-06-2014 along with WP.No. 1477 of 2014 in motion list for appearance.”
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR ..2..
To
1. The Principal Secretary, Minorities Welfare Department, State of Andhra Pradesh, Secretariat at Hyderabad.
2. The Chief Executive Officer/Enquiry Officer, A.P. State Waqf Board, Haj House Complex, Opp: Public Garden, Nampally Road, Hyderabad, A.P. (By Spl. Messenger)
3. Two CCs to G.P. for Social Welfare, High Court, Hyd(OUT)
4. One CC to Sri Nazir Ahmed Khan, Advocate(OPUC)
5. One spare copy.
SAH HIGH COURT VVAJ DATED: 04-06-2014 NOTE: POST ON 05-06-2014 ALONG WITH WP.NO. 1477 OF 2014 IN MOTION LIST FOR APPEARANCE ORDER WP.NO. 15255 OF 2014 DIRECTION DRAFTED BY: SAH APPROVED BY: DRAFTED ON: 04-06-2014 HIGH COURT VVAJ DATED: 04-06-2014 NOTE: POST ON 05-06-2014 ALONG WITH WP.NO. 1477 OF 2014 IN MOTION LIST FOR APPEARANCE ORDER WP.NO. 15255 OF 2014 DIRECTION