Delhi High Court
Mohd Shamim vs Delhi Waqf Board on 17 September, 2021
$~24
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 17.09.2021
+ W.P.(C) 10429/2021
MOHD SHAMIM & ORS. ..... Petitioners
versus
DELHI WAQF BOARD & ANR. .....Respondents
Advocates who appeared in this case:
For the Petitioner: Ms. Shashi Karan, Advocate (Through VC)
For the Respondent: Mr. Wajeeh Shafiq, Advocate for Delhi Waqf Board
(Through VC)
Mr. Shadan Farasat, ASC, GNCTD with Ms. Hafsa,
Advocate (Through VC)
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
CM. APPL. 32074/2021 (Exemption)
Exemption is allowed, subject to all just exceptions.
W.P.(C) 10429/2021 & CM APPL. 32087/2021
1. Petitioners impugn order dated 01.04.2021, whereby the Delhi
Waqf Board has removed the petitioners, who were members of the
W.P.(C) 10429/2021 Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:17.09.2021
Signing Date:18.09.2021 07:58:50 22:36
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Managing Committee of Dargah Hazrat Khwaja Qutubuddin
Bakhtiyar Kaki (RAH), Mehrauli without giving them any show cause
notice and opportunity of hearing.
2. Learned counsel for petitioner submits that Section 67 of the
Waqf Act, 1995 mandates that prior to removal, a reasonable
opportunity of showing causing against the proposed action is
required to be taken.
3. Learned counsel appearing for Waqf Board submits that Section
67 is not applicable to the petitioners as Section 67 applies only to the
Management Committee appointed by the Waqf and the admitted case
of the petitioners is that they were not appointed by the Waqf but by
the Waqf Board pursuant to order dated 22.09.2008 in Suit No.
151/2002, Taufiq Farooqui & Others Vs. Khwaja Syed Hilal Qutabi &
Ors.
4. Learned counsel for respondent/Waqf Board without prejudice
submits that the respondent shall give an ex-post facto show cause
notice and an opportunity of hearing to the petitioners and thereafter,
pass a speaking order.
5. In view of the above, the petition is disposed of, directing the
respondent/Waqf Board to issue ex-post facto show cause notice
within a period of one week enclosing therewith entire material as
may be available with the Waqf Board inter alia complaints from
W.P.(C) 10429/2021 Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:17.09.2021
Signing Date:18.09.2021 07:58:50 22:36
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
different sections of the community about the management of the
Dargah referred to in order dated 01.04.2021.
6. Reply to the show cause notice shall be filed by the petitioners
within a period of within two weeks. Thereafter, an opportunity of
personal hearing shall be granted to the petitioners and a speaking
order passed, preferably within a period of three weeks thereafter.
7. It would be open to the petitioners to take further recourse in
law in case they are aggrieved by the speaking order.
8. In the meantime, till the passing of the final speaking order,
SDM, Mehrauli shall act as an observer for the purposes of observing
the opening of the collection boxes. The entire collection shall be
duly recorded in an account book and expenditure therefrom shall also
be recorded.
9. The observer shall continue till the passing of the speaking
order and thereafter continuation shall be subject to the speaking order
to be passed by the Waqf Board.
10. Petition is disposed of in the above terms.
SANJEEV SACHDEVA, J.
SEPTEMBER 17, 2021
NA
W.P.(C) 10429/2021 Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:17.09.2021
Signing Date:18.09.2021 07:58:50 22:36
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
