Mohd Zabeehullah vs Syed Waheedullah Hussaini
2022 Latest Caselaw 1680 Tel

    THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                        AND
         THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                      WRIT APPEAL No.1609 of 2018

JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


       The present writ appeal is arising out of an order dated

01.11.2018 passed by the learned Single Judge in W.P.No.29482

of 2018 allowing the writ petition.

       The facts of the case reveal that the writ petition was

preferred by Syed Wahedullah Hussaini being aggrieved by the

order, dated 24.07.2018 appointing the present appellant,

Mohd. Zabeehullah as Muthawalli of the Dargah of late Hazrat

Peer Elahi Baksh Shah-e-Irfan, Peer Abdul Aziz Shah Irfani and

Peer Syed Shah Asadullah Hussaini Irfani (RA). The order is on

record and the same reveals that the appointment was made for

a period of three years only.

       The learned Single Judge has set aside the aforesaid

appointment and the period of three years is already over and

therefore, the Muthawalli has to be appointed by the Wakf Board

keeping in view the statutory provisions as contained in the

Wakf Act, 1995.

       Resultantly, the writ appeal stands disposed of with liberty

to the Wakf Board to appoint Muthawalli strictly in consonance
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with the statutory provisions as contained in the Wakf Act, 1995

and the present appellant as well as the respondent No.1 shall

certainly be free to submit their applications for appointment of

Muthawalli. It is needless to mention herein that the other

claimants shall also be free to file their applications for

appointment of Muthawalli in accordance with law. The exercise

of appointment of Muthawalli shall be concluded within a period

of three months from today.

The miscellaneous applications pending, if any, shall stand

closed. There shall be no order as to costs.

______________________________________ SATISH CHANDRA SHARMA, CJ

______________________________________ ABHINAND KUMAR SHAVILI, J

31.03.2022 vs