The Telangana State Waqf Board has moved the Supreme Court in its tussle over the control of Dargah Hazrat Yusufain.
Board sources told The Hindu that a top lawyer was recently engaged to file a special leave petition after the High Court of Hyderabad permitted the appointed mutawalli (manager) Abdul Fatah Syed Hasan Shabbir Mohammed Mohammedul Hussaini to continue discharging his duties.
“We have engaged Ejaz Maqbool, who is a Supreme Court lawyer, to file the case. The case is admitted and we are closely monitoring it. However, it is yet to come up for hearing. We will know about it soon,” said Waqf Board chairman and member of Legislative Council Mohammed Saleem.
The tussle between the mutawalli and the board began soon after the first elected board was constituted earlier this year. Mr. Hussaini was appointed as the mutawalli in 2015 by the then Competent Authority administered board.
His two-year term was extended by another three years in December 2016, before its expiry.
Soon after, the board withdrew the term extension but the mutawalli approached the Waqf Tribunal and then the High Court seeking relief.
The High Court in its judgement observed that no notice was sent to the mutawalli and no explanation was offered before ending the appointment. It then permitted the mutawalli to discharge duties till the case in the Waqf Tribunal was disposed.
Speaking to The Hindu , deputy mutawalli Syed Yadullah Hussaini said that the case in the Waqf Tribunal was not disposed of thus far. “We are seeing how things will take shape in the Supreme Court. The High Court had ruled that we should be allowed to function within two weeks of the order. But, this has not happened so far which is why we are filing a contempt petition,” he said.
