Decide on Shia wakf: Hyderabad High Court to Telangana
Hyderabad: The Hyderabad High Court on Thursday directed the Telangana state government and the minorities welfare secretary to take a decision on the constitution of a separate Wakf Board for Shia Muslims within six weeks.
Justice A.V. Sesha Sai issued this interim direction while dealing with a petition filed by Anjuman-E-Alavi Shia Imamia Ithna Ashari (Akhbari) represented by Moulana Wahedu-ddin Hyder.
The petitioner urged the court to declare illegal the state government’s failure to set up a separate Waqf Board for the Shia sect in terms of Section 13 (2) and Section 13 (2-A) of the Waqf Act and also declare illegal the resp-ondents’ failure to no-minate the Shia community Muslims on the board as per under Section 14 of the Act.
Mr P. Venugopal, senior counsel appearing for the petitioner, told the court that his client has represented to the state government and the minority welfare department to constitute a separate Wakf Board for the Shias. But till date, the government has not take any decision in this regard.
As per the Wakf Act, he said it is mandatory for the government to constitute for a separate Wakf Board for the Shias wherever 15 per cent of total Wakf properties in the state belong to the Shias.
In Telangana, he said there were 33,900 Wakf properties. Out of this, there are 11,056 Ashoorkhanas which constitute 33 per cent, belong to the Shia community.
The judge while issuing notices to the respondents directed them to take a decision on the constitution of a separate Wakf Board for the Shias within six weeks from the date of receipt of the interim order.