Mohd. Ismail vs U.P. Sunni Central Waqf Board ...
2016 Latest Caselaw 4509 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?A.F.R.
 
Court No. - 1
 
Case :- MISC. BENCH No. - 16209 of 2016
 
Petitioner :- Mohd. Ismail
 
Respondent :- U.P. Sunni Central Waqf Board Thru. Its C.E.O. And 2 Ors.
 
Counsel for Petitioner :- Mohd Shadab Khan
 
Counsel for Respondent :- Mohd. Tariq Sayeed,Q.H.Rizvi,Syed Aftab Ahmad
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Dr. Vijay Laxmi,J.

Heard Sri Mohd. Arif Khan, learned Senior Counsel assisted by Mohd. Shadab Khan, Sri Syed Afatab Ahmad, learned Counsel for the respondent No.3 and Sri Q.H. Rizvi, learned counsel for the respondent Nos.1 and 2.

The petitioner questions the legality of the order dated 31.5.2016 as well as consequential Office Memorandum dated 18.6.2016 on several grounds but the primary ground of challenge raised is that 2/3rd majority out of 11 comes to '8' and the hearing was undertaken only by 6 members whereas the decision has been signed by 8 members. The argument is that the hearing and the decision both ought to have been rendered by a majority of 2/3rd as stipulated under Section 64 (3) of the Waqf Act, 1995.

This issue has already been dealt with in two Division Bench judgements of this Court ? one in the case of Qamar Noor v. U.P. Sunni Central Waqf Board and others, Writ-C No. 14655 of 2016 decided on 19.4.2016 and followed by this Court in a Division Bench decision in the case of Mirza Tauseef Beg and another v. U.P. Sunni Central Waqf Board and others, Writ Petition No.14308 (MB) of 2016 decided on 20.6.2016. The said decisions have been placed before us by the learned counsel for the petitioner.

Learned Counsel for the respondents could not contradict the legal proposition so settled in the aforesaid decisions and consequently, on this short ground alone, the impugned order becomes unsustainable.

We allow the writ petition and quash the impugned order dated 31.5.2016 as well as the Office Memorandum dated 18.6.2016 with liberty to the Board to pass a fresh order, in accordance with law, after giving opportunity of hearing to the parties concerned.

Order Date :- 25.7.2016

lakshman

[Dr. Vijay Laxmi, J.] [Amreshwar Pratap Sahi, J.]