District Waqf Committee Rewa vs M.P. Waqf Board Bhopal
2021 Latest Caselaw 3476 MP

                                                        1                              WP-12373-2021
                              The High Court Of Madhya Pradesh
                                         WP-12373-2021
                       (DISTRICT WAQF COMMITTEE REWA AND OTHERS Vs M.P. WAQF BOARD BHOPAL AND OTHERS)


                      Jabalpur, Dated : 20-07-2021
                            Heard through Video Conferencing.

                            Shri Amit Seth, learned counsel for petitioners.
                            Shri    Vivek    Sharma,    learned    Dy.    Advocate     General     for
                      respondent/State.

Petitioners have filed this petition challenging order dated 29.6.2021.

By said order District Waqf Committee, Rewa was superseded.

Learned counsel for petitioners submitted that order has been passed in violation of Section 67 of Waqf Act, 1995. Before order of supersession can be passed, Waqf Committee ought to have been given a notice of 30 days.

Dy. Advocate General appearing for State submitted that petitioners have an alternative remedy of preferring an appeal before appellate authority.

Learned counsel for petitioners submitted that he is relying on judgment o f Whirlpool Corporation vs. Registrar of Trademarks, Mumbai, (1998) 8 SCC 1. It is submitted that this Court has discretion to entertain

writ petition despite availability of alternative remedy in case of violation of statutory law or Fundamental Rights of the petitioners. Learned counsel for petitioners further submitted that as per Section 67 (6) of Waqf Act, 1995, Board may instead of superseding any committee under Sub Section (2) remove any member thereof if it is satisfied that such member has abused his position as such member or had knowingly acted in a manner prejudicial to the interests of the waqf and every such order for the removal of any member shall be served upon him by registered post. He shall be given reasonable opportunity of showing cause against the proposed action before passing of such order. It is discretion of Board to remove the committee or individual member to be exercised on facts of the case.

Looking to the act which has been committed by Chairman, District Signature Not SAN Verified Waqf Committee, this Court may not exercise its discretion to entertain the Digitally signed by MONSI M SIMON Date: 2021.07.22 11:31:52 IST 2 WP-12373-2021 writ petition It is discretion of the Court to exercise power under Section 226 of the Constitution of India. Discretion is to be exercised for equity, justice, good conscience and for public good.

In view of above, this Court do not exercise its discretion to entertain writ petition as alternate remedy is available to petitioners.

In view of same, writ petition filed by the petitioners is dismissed with liberty to petitioners to approach the appellate authority.

                                                                                 (VISHAL DHAGAT)
                                                                                      JUDGE


                      mms




Signature
 SAN      Not
Verified

Digitally signed by
MONSI M SIMON
Date: 2021.07.22
11:31:52 IST