Nabi Ullah Khan vs Madhya Pradesh Waqf Board
2021 Latest Caselaw 8292 MP

     HIGH COURT OF MADHYA PRADESH : JABALPUR
                   (Division Bench)


                       W.A. No.1168 of 2021

                       Nabi Ullah Khan
                           -Versus-
             Madhya Pradesh Wakf Board and another

                                 --
Shri Anoop Nair, Advocate for the appellant.
Shri Kapil Duggal, Advocate for the respondents.
_______________________________________________________
CORAM :
       Hon'ble Shri Justice Ravi Malimath, Chief Justice.
       Hon'ble Shri Justice Vijay Kumar Shukla, Judge.

                          JUDGMENT

(Jabalpur, dtd.06.12.2021)

Per : Vijay Kumar Shukla, J.-

In this intra-court appeal preferred under Section 2(1) of

the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth to

Appeal) Adhiniyam, 2005 the pregnability of the order dated 29-9-

2021 passed by the learned Single Judge in Writ Petition No.12892

of 2021 is called in question, whereby the writ petition has been

dismissed on the ground of availability of alternative and efficacious

remedy of appeal to approach the M.P. Wakf Tribunal against the

impugned order.

2. It is not in dispute that against the impugned order the

remedy of appeal is available before the M.P. Wakf Tribunal. We do

not find any illegality in the order passed by the learned Single

Judge warranting any interference in the present intra-court appeal.

The appellant has assailed the order dated 23-03-2021 passed by the

Chief Executive Officer, M.P. Wakf Board, Bhopal, whereby the

Wakf Committee headed by the petitioner has been suspended.

Thereafter, the appellant has already been issued a notice to show

cause under Section 67(2) of the M.P. Wakf Act. It is canvassed that

along with the show cause notice, the impugned order dated 23-03-

2020 by which the Committee under the Chairmanship of the

petitioner was suspended, was also served.

3. The appellant has already submitted a reply to the show

cause to the respondents, but no decision has been taken by them on

the representation of the appellant. Considering the aforesaid, it is

observed that the respondents shall take a decision on the

representation submitted by the appellant considering the reply to

show cause filed, in accordance with law.

4. With the aforesaid observation and direction, the writ

appeal stands disposed of.

Pending interlocutory application(s), if any, also stands

disposed of.

       (Ravi Malimath)                               (Vijay Kumar Shukla)
         Chief Justice                                       Judge


ac.

Digitally signed by AJAY KUMAR CHATURVEDI Date: 2021.12.08 17:51:56 +05'30'