Riyaz Lahori vs The State Of Madhya Pradesh
2024 Latest Caselaw 21119 MP

Madhya Pradesh High Court

Riyaz Lahori vs The State Of Madhya Pradesh on 5 August, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                               1                               WP-10158-2024
                                 IN      THE    HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                           BEFORE
                                          HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                    ON THE 5 th OF AUGUST, 2024
                                                  WRIT PETITION No. 10158 of 2024
                                                       RIYAZ LAHORI
                                                           Versus
                                         THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                Shri Takmeel Nasir - Advocate for petitioner through VC.
                                Ms.Mehul Shukla - PL for respondent No.1.
                                Shri Jayesh Gurnani - Advocate for respondent No.4 to 9 on advance notice.


                                                                 ORDER

The petitioner has challenged the order dated 5.3.2024 by which the respondent No.2 has appointed District Waqf Committee, Agar Malva comprising of respondent No.4 to 9.

Counsel for petitioner submits that the aforesaid order has been passed without affording opportunity of hearing to the petitioner and order is not passed by full time CEO of Waqf Board.

Counsel for State and private respondents raises a preliminary objection

that against the impugned order there is alternative and efficacious remedy of appeal is available u/S.83 of Waqf Act. Learned counsel for private respondents further submits that tenure of the petitioner Committee has already been expired on 12.2.2023.

Counsel for petitioner has relied on a judgment passed by the division bench in WP No.374/2022 Iftikhar Patham Vs. MP Waqf Board & Ors. and also the judgment passed by the Apex Court in the case of Harbanslal Sahnia & another Vs. Indian Oil Corpn. Ltd & others (2003) 2 SCC 104 to contend that if

2 WP-10158-2024

the order is passed in violation of principle of natural justice and without competence the writ petition is maintainable.

So far the law relating to exercise of jurisdiction under Article 226 is concerned, the same is no longer res integra. However, exercise of power under Article 226 is discretionary power and when there is an alternative and efficacious remedy of appeal is provided u/S.83 of Waqf Act, this court is not inclined to entertain the petition, however, the liberty is granted to the petitioner to file an appeal against the impugned order before the tribunal and if the appeal is preferred within 15 days from today, the same shall be considered and decided by the tribunal on merit expeditiously if possible within a period of three months from the date of filing of appeal and the same shall not be dismissed on the ground of delay.

With the aforesaid, writ petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE

VM