Telangana HC Asks Waqf Board to Take Control of Darulshifa Ibadat Khana
HYDERABAD: The Telangana High Court directed the Telangana Waqf Board to forthwith take control of Ibadat Khana at Darulshifa, under its direct management. The court faulted the proceedings issued for the constitution of the working committee of Ibadat Khana, which earlier had prohibited women from the Shia community from performing religious functions in its premises.
The court also directed the Waqf Board to constitute a managing committee for the Ibadat Khana with an equal representation of Shia Imamia Isna Ashari community, that is Akhbari and Usooli, to put a quietus to the litigation.
Justice Nagesh Bheemapaka was dealing with a petition filed by Anjuman-e-Alavi, Shia Imamia Ithna Ashari Akhbari, which challenged the Waqf Board proceedings of June 1, 2023, regarding the nomination of mutawali committee and incorrect mention of the municipal number of Ibadat Khana at Darulshifa.
Senior Advocate P. Venugopal submitted to the court that two wakifs, through a Wakf deed dated 15.02.1953, envisaged that the property would be used for conducting majlis, jashans and other ibadat for the benefit of the Shia community.
The Waqf Board in 2007 appointed one Syed Alamdar Hussain Moosvi as president of the mutawali committee without mentioning names of the other members. They called him a successor of the original committee in the absence of continuous succession since 1953.
Further, one Capt. Syed Hadi Sadiq, a self-styled president of mutawali committee, in 2018 made an application to demolish the existing Ibadat Khana together with the five mulgies attached to it, which was approved by the Waqf Board.
Senior counsel also brought to the notice of the court that the Ibadat Khana was demolished but no construction permission was obtained by Capt. Sadiq. It was alleged that he and his associates had purchased small extents of land of the Ibadat Khana and approached the GHMC for residential permission.
It was stated that on obtaining individual permissions, they clubbed them with Ibadat Khana and constructed a large building without mulgies.
Counsel submitted that instead of treating such persons as encroachers, the Waqf Board issued the impugned proceedings of constitution of the committee.
The court also considered the point that a committee is to be constituted with equal representation to both Akhbari and Usooli sects, as the waqf deed clearly stated that the subject waqf institution was for Shia Imamia Ithna Ashari community. But the impugned proceeding by the Waqf Board was issued without any such opportunity.