Waqf No. 70-A, Situated At ... vs State Of U.P. And 3 Others
2023 Latest Caselaw 19632 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:152036-DB
 
Court No. - 40
 

 
Case :- WRIT - C No. - 22504 of 2023
 

 
Petitioner :- Waqf No. 70-A, Situated At Allahbad
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Alok Singh,Atiqur Rahman Siddiqui,Ramendra Pratap Singh
 
Counsel for Respondent :- C.S.C.,Dinesh Kumar Misra,Mohd. Ilyas Ansari,Punit Kumar Gupta
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Prashant Kumar,J.

1. Heard Shri Ramendra Pratap Singh, learned counsel for petitioner alongwith Shri Alok Singh, Advocate and Shri A.R. Siddiqui, Advocate; Shri Punit Kumar Gupta, learned counsel for Waqf Board, Shri Dinesh K. Mishra and Mr. Mohd. Ilyas Ansari, learned counsel for respondent No.4.

2. Present writ petition has been preferred for the following reliefs:-

"(a) Issue a writ, order or direction in the nature of certiorari call for the record and quash the order dated 03.05.2023 and office memorandum dated 10.05.2023 passed by Chairman, U.P. Sunni Central Waqf Board, Lucknow.

(b) Issue a writ order or direction in the nature of mandamus directing the respondents not to interfere the peaceful functioning as mutawalli to the petitioner."

3. Learned counsel for the petitioner submits that the order impugned is unsustainable in view of Section 32 (2) (g) of the Waqf Act, 1995, wherein, power is vested in the Board to appoint and remove Mutawalli and the Chairman of the Board has no authority to take solitary decision. For ready reference, Section 32 (2) (g) of the Waqf Act is quoted hereunder:-

"(g) to appoint and remove mutawallis in accordance with the provisions of this Act;

Provided that no such sanction shall be given unless a majority of not less than two-thirds of the members of the Board present cast their vote in favour of such transaction:

Provided further that where no such sanction is given by the Board, the reasons for doing so shall be recorded in writing."

4. Learned counsel for the petitioner, in support of his submissions, has placed reliance on the judgment and order dated 22.01.2014 passed by the Coordinate Bench of this Court in Misc. Bench No.6306 of 2006 (Haroon Al Rasheed Vs. U.P. Sunni Central Waqf Board Thru C.E.O. & 2 others) and has submitted that the issue in hand is no more res integra and as such the order impugned being unsustainable is liable to be set aside.

5. So far as factual and legal aspect is concerned, the same could not be disputed by learned Addl. Chief Standing Counsel and Shri Punit Kumar Gupta, learned counsel for Waqf Board. Learned counsel for Waqf Board very fairly states that in case the matter is relegated to the Board, definitely the Board wold redress the grievance of the petitioner strictly in accordance with law.

6. Considering the aforementioned facts and circumstances, we find that the impugned order as well as office memorandum are liable to be set aside. Accordingly, the same are set aside. The matter is relegated to the Board to proceed and take a final call in the matter within six weeks strictly in accordance with law but certainly after giving opportunity to all the stake holders in the matter.

7. The writ petition stands partly allowed accordingly.

Order Date :- 28.7.2023

A. Pandey