Syed Kaleemullah Hussaini vs The State Of Telangana & Ors.

Heard Mr. Mohd. Islamuddin Ansari, learned counsel for the petitioner, learned Government Pleader for Social Welfare appearing for respondent No.1, Mr. Farhan Azam Khan, learned Standing Counsel for the Telangana State Waqf Board appearing for respondent No.2, learned Government Pleader for Home appearing for respondent No.4, and Mr. Syed Mohammed Quadri, learned counsel appearing for respondent Nos.5 and 6. With their consent, the writ petition is being taken up for disposal at the admission stage itself.

This writ petition has been filed seeking the following prayer:-

Learned counsel for the petitioner submits that the petitioner claims to be the Sajjada Nasheen and de facto Mutawalli of the notified Waqf institution, namely Dargah Hazratn Syed Shah Bandagi Maqdoom Hussaini (Barhana Shamsheer) Rah., situated at Vechareni Village, Cherial Mandal, Siddipet District, notified in Gazette No.5-A dated 09.02.1990. Learned counsel submits that after the demise of the earlier Mutawalli, the petitioner's father and thereafter the petitioner have been managing the affairs of the Dargah, performing the annual Urs, maintaining the institution and paying Waqf contribution without any complaint. It is further submitted that the petitioner made several representations seeking appointment as Mutawalli and, pursuant thereto, the 3rd respondent, by report dated 20.06.2026, recommended the petitioner's appointment. However, without considering the said recommendation and the petitioner's representation dated 21.07.2026, the 2nd respondent issued proceedings dated 27.07.2026 deputing Waqf officials to supervise the Annual Urs scheduled on 31.07.2026 and 01.08.2026, thereby preventing the petitioner from conducting the Urs. Aggrieved thereby, the present writ petition is filed challenging the proceedings dated 27.07.2026 and seeking a direction to appoint the petitioner as Mutawalli of the subject Waqf.

Learned counsel for the petitioner further submits that the petitioner has been discharging the duties of Mutawalli for a considerable period. It is submitted that the proceedings dated 27.07.2026 adversely affect the petitioner's right to participate in and conduct the Annual Urs Ceremony and prevent him from performing the customary religious functions attached to the institution.

Learned Standing Counsel for respondent No.2 submits that respondent No.2 has appointed officials only for the purpose of supervising the conduct of the Annual Urs and that the issue relating to appointment of Mutawalli will be considered independently in accordance with law.

Learned Government Pleader for Home appearing for respondent No.4 submits that necessary police protection shall be provided upon receipt of communication from respondent No.2. Since proceedings dated 27.07.2026 have already been communicated, respondent No.4 is directed to provide necessary police assistance and ensure that the Annual Urs scheduled on 31.07.2026 and 01.08.2026 is conducted peacefully by maintaining law and order

Recording the above submissions, having regard to the fact that the Annual Urs Ceremony is scheduled to be held on 31.07.2026 and 01.08.2026, this Court deems it appropriate to direct that the petitioner, respondent Nos.5 and 6, and the Waqf officials appointed by respondent No.2 to supervise the conduct of the Annual Urs shall coordinate with one another and ensure that the ceremony is conducted peacefully and without any disturbance. The officials of respondent No.2 shall take into consideration the long standing association of the petitioner as well as respondent Nos.5 and 6 with the management of the Dargah while supervising the conduct of the Urs ceremony. Respondent No.4 is also directed to extend necessary assistance to ensure that no untoward incident takes place and that law and order is maintained during the Annual Urs Ceremony.

It is made clear that this order shall not preclude respondent No.2 from considering and deciding the applications submitted by the petitioner or any other eligible person seeking appointment as Mutawalli, strictly in accordance with law.

With these observations, this Writ Petition stands disposed of. There shall be no order as to costs.

As a special miscellaneous applications if any pending, shall stand closed.