Smt. Tahera Khatoon And Another ... vs U.P.Sunni Central Board Of Waqfs ...
2013 Latest Caselaw 5765 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 

 
Case :- REVIEW PETITION No. - 451 of 2013
 

 
Petitioner :- Smt. Tahera Khatoon And Another 177(Clre)2005
 
Respondent :- U.P.Sunni Central Board Of Waqfs Thro.Chief Executive & Anr.
 
Counsel for Petitioner :- Zafaryab Zilani,Najam Zafar,Rafat Farooqui
 

 
Hon'ble Sibghat Ullah Khan,J.

Heard Shri Zafaryab Jilani, learned counsel for the applicant in the Review petition/ applicant in the revision. Shri M.A. Khan learned senior counsel assisted by Shri Mohiuddin Khan learned counsel appearing for Opposite party no.1 Waqf Board and Shri Ishtiyaq Ahmad learned counsel for opposite party no. 2 are also present. Shri Jilani has argued that in the following sections of Waqf Act 1995 reference has been made to the functions to be discharged by Chief Executive Officer (CEO) of the Waqf Board 23/25/26/28/29/33/154/73/105.

Even though under the Waqf Act some functions of the Waqf Board are to be performed by CEO and some orders are also required to be passed by him still the same remain functions of the Waqf Board and orders of the Waqf Board. Section 27 specifically empowers the Waqf Board to delegate to any officer some of its powers and duties under the Act. An analogy may be taken from the working of the High Court. Judgement passed by a High Court Judge is Judgement of the High Court. However, under the High Court Rules some orders may be passed even by Registrar General, for example, admission of First Appeals. Such order none-the-less remains to be order passed by the High Court.

The second argument is that two months' notice is required to be given before filing the suit, however, as was done in the instant case normally while passing eviction order only 30 days' time is given. This appears to be a lacuna in the Act. However, it is for the legislature to look into this aspect of the matter. Since the amendment of 1976, it has been provided under section 80 CPC that in urgent/emergent situations the court may on the application of the plaintiff waive the requirement of giving notice under section 80 C.P.C, however, under the Waqf Act there is no such provision. This can not be a matter of judicial interpretation. It is only legislature which can cure this apparent lacuna.

Accordingly, with the above observation the Review petition is dismissed.

Order date :- 12.9.2013.

mks