Mohd Yasir & Anr. vs Mr. Abdul Moeed & Ors.
2021 Latest Caselaw 3268 Del

                                      $~02

                                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                      %                                    Judgment delivered on: 30.11.2021
                                      +      W.P.(C) 12834/2021
                                      MOHD YASIR & ANR.                                       ..... Petitioner

                                                                 versus

                                      MR. ABDUL MOEED & ORS.                                   ..... Respondent
                                      Advocates who appeared in this case:
                                      For Petitioners:   Mr. Ayush Negi and Ms. Pratibha Tripathi, Advocates.

                                      For Respondents:     Mr. Wajeeh Shafiq, Standing Counsel for Delhi Waqf
                                                           Board with Ms. Ramsha Shan, Ms Sabika Ahmed,
                                                           Advocates and Ms Shaista Siddiqui law officer DWB
                                                           (Through VC)

                                      CORAM:-
                                      HON'BLE MR. JUSTICE SANJEEV SACHDEVA

                                                                    JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. This is a petition seeking direction to respondent No.6/Delhi Waqf Board to dispose of the complaint dated 06.08.2021, filed by the petitioner seeking an enquiry to be conducted under Sections 70 and 71 of the Waqf Act, 1995 into the alleged mismanagement and affairs of Hamdard Dawakhana Waqf.

2. Learned counsel appearing for Delhi Waqf Board submits that Hamdard Dawakhana Waqf is not a waqf under the Wakf Act and has

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:01.12.2021 Signing Date:01.12.2021 19:24:20 09:43 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

been so declared by judgment dated 23.12.2011 in CS (OS) 116/1972, titled Indian Institute of Islamic Vs. Delhi Wakf Board.

3. Learned counsel further submits that the appeal against the said judgment has also been dismissed and no further proceedings were initiated by Delhi Wakf Board and the order has become final.

4. Learned counsel further points out that the issue was also considered by the Supreme Court in Hammad Ahmed Vs. Abdul Majid & Ors. (2019) 14 SCC 1 wherein the Supreme Court has referred to the above referred judgment and declined to interfere with the same on the ground that Hamdard Dawakhana Waqf was not a true waqf despite its name and would be governed purely by the Trust Deed.

5. In view of the above, since there is a finding of a civil court, categorically holding that Hamdard Dawakhana Waqf is not a waqf, no direction can be issued to respondent No.6 to conduct an enquiry in the administration of the Hamdard Dawakhana Waqf in terms of Sections 70 and 71 of the Waqf Act, 1995.

6. I find no merit in the petition. The petition is accordingly dismissed.

SANJEEV SACHDEVA, J NOVEMBER 30, 2021 NA

Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:01.12.2021 Signing Date:01.12.2021 19:24:20 09:43 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.