Court Upholds Religious and Administrative Rights of Sunni Masjid Osmania and Deeni Madarsa, Directs Due Process of Law to be Followed
The Telangana High Court, in a significant judgment dated August 4, 2026, has directed the forest authorities to refrain from interfering with the peaceful possession, administration, and management of the Sunni Masjid Osmania and Deeni Madarsa in Vikarabad District. The court underscored the necessity of adhering to due process of law before any such interference by the forest officials.
The writ petition was filed by Mohammed Faiyaz Ali, the Mutawalli of the Sunni Masjid Osmania and Deeni Madarsa, who alleged that forest officials were unlawfully interfering with the institution's activities, including prayers, education, and charitable functions, without issuing any statutory notice. The petitioner contended that these actions violated Articles 14, 25, and 26 of the Indian Constitution, which protect the rights to equality, freedom of religion, and administration of religious institutions.
The court recognized the Sunni Masjid Osmania and Deeni Madarsa as a registered Waqf property under the Waqf Act, 1995. It emphasized that any action by the Forest Department must comply with the provisions of the Forest Rights Act, 2006. Justice Surepalli Nanda, presiding over the case, noted that the Forest Department must not encroach upon the reserved forest areas under the guise of non-interference with Waqf properties.
Despite the Forest Department's claims of merely fulfilling its statutory obligations to protect forest areas, the court ruled that the department should follow due legal procedures and not interfere with the lawful activities of the Waqf institution. The court further instructed that any encroachment by the Sunni Masjid Osmania and Deeni Madarsa onto reserve forest lands would permit the Forest Department to take appropriate action in accordance with the law.
This judgment reaffirms the protection of religious institutions from arbitrary interference, ensuring that their rights are upheld while balancing the need for conservation of forest areas.
Bottom Line :
Waqf property - Forest authorities directed not to interfere with the peaceful possession, administration, and management of a registered Waqf property without following due process of law.
Statutory provision(s): Waqf Act, 1995, Forest Rights Act, 2006, Constitution of India Articles 14, 25, and 26
Mohammed Faiyaz Ali v. State of Telangana, (Telangana) : Law Finder Doc id # 2969139
