Telangana High Court
Atnala Swamy vs State Of Telangana on 28 October, 2024
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.29483 OF 2024
ORDER:(ORAL) Heard Mr. K. Durga Prasad, learned counsel for the petitioner, and Mr. Farhan Azam Khan, learned Standing Counsel for Telangana State Wakf Board.
2. It is submitted that the petitioner is a resident of Jalalpur Village and he belongs to Nayi Brahmin (Barber) community by profession. There is a famous Dargah by name 'Hazrath Syed Sadullah Hussaini' situated at Bada-Pahad, Jalalpur Village, Varni Mandal, Nizamabad District, and it has history of more than 75 years. On daily basis, thousands of devotees visit the Dargah and offer prayers. Most of the devotees belong to Hindu community and they come from neighbouring states of Karnataka and Maharashtra. The Dargah is situated in thick forest of Nizamabad District. The devotees perform their prayers and many times offer their hair by tonsuring at Dargah. They also offer goat, sheep and animals to the Dargah. The Dargah is now under direct management of the Wakf Board- respondent No.2. It is submitted that the Wakf Board is calling for tenders for various items including general stores, sale of animals and cutting of animals and also maintenance of the Dargah on yearly basis. 2
3. It is submitted that the petitioner and some others belonging to Nayi Brahmin community submitted a representation to respondent No.2 on 23.03.2023 for appointing the petitioner as authorised Barber to perform the hair cut of devotees of the Dargah. The Jalalpur Gram Panchayat also unanimously resolved and recommended for allotment of the rights of Barber (Hajam) of Hajrath Syed Sadulla Hussaini Dargah to the petitioner vide its resolution dated 26.11.2021. Earlier, the petitioner submitted a representation dated 14.12.2021 requesting respondent No.2 to appoint him as authorised Hajam of the Dargah on yearly basis on lumpsum amount. The petitioner and others had been continuously making representation to respondent No.2, but so far no action has been initiated. The petitioner submitted a representation through the then Speaker and the present MLA of Banswada Constituency to the Chairman of respondent No.2 for considering the request of the petitioner to appoint him as Hajam of Hajrath Syed Sadulla Hussaini Dargah on yearly basis. Recently, the petitioner has submitted representation dated 23.03.2023, however, there is no action from respondent No.2, as such, the petitioner is constrained to approach this Court.
4. Learned Standing Counsel for respondent No.2 submitted that under Section 32 of the Waqf Act, 1995, the Wakf Board is the competent authority to take decision with regard to the management of 3 the Wakf Institution including the settlement of scheme and for going ahead with tender process in the instant case for appointment of Hajam. Learned Standing Counsel further submitted that a representation is submitted by the petitioner to the Chief Executive Officer of respondent No.2-Wakf Board and it is not maintainable, as respondent No.2-Wakf Board is the competent authority to take decision.
5. In the above circumstances, the writ petition is disposed of directing respondent No.2 to consider the representation of the petitioner, dated 23.03.2023, for appointing him as authorised Barber (Hajam) of Hajrath Syed Sadulla Hussaini Dargah, in the next Board meeting and take decision in accordance with law. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
____________________ B. VIJAYSEN REDDY, J Date: 28.10.2024 Note: Issue CC in three days (BO) vv