Hon'ble Amitava Lala, J. - The petitioner has filed this writ petition with the following prayers: "(i) to issue a writ, order or direction in the nature of certiorari quashing the order dated 16.2.2008 (Annexure No. 9) and also order dated 15.12.2007 (Annexure No. 8) to extend to which it has appointed the respondent No. 2 as the Committee of the Management. (ii) to issue a writ, order or direction in the nature of mandamus commanding the respondent No. 1 to recognize the petitioner No. 1 as duly constituted Committee of Management while declaring the petitioner No. 1 as a valid Motawalli of Waqf No. 611. (iii) to issue any other writ, order or direction as deemed fit in the circumstances of the case. (iii) (sic) to award costs to the petitioners." 2. In disposing of a writ petition being Civil Misc. Writ Petition No. 55177 of 2007 (Mohammad Aftab v. State of U.P. and others) a Division Bench of this Court was pleased to pass the following order: "In such circumstances, it is for the U.P. Sunni Central Waqf Board, Lucknow to appoint a fresh committee of Management in accordance with law so that the management of the Waqf is not hampered in any manner. We further provide that since from the will deed it can not be deciphered as to who will constitute the electoral college for holding election of the committee of Management of the Waqf. No provate election can be held by any of the parties. In view of the aforesaid, we dispose of the writ petition with a direction upon the U.P. SunmCentrafWaqfBoarcf, Lucknow to take appropriate steps for constitution of a committee of management in respect of Waqf 611 Azamgarh expeditiously, preferably, within 4 weeks from the date of certified copy of this order is filed before the Board, strictly in accordance with law." 3. In compliance thereof an order was passed on 15th December, 2007 by Mahboob Ahmad, a Member of the U.P. Sunni Central Waqf Board, Lucknow, who was entrusted to discharge such function pursuant to the direction of the Board. In compliance thereof an order was passed on 15th December, 2007 by Mahboob Ahmad, a Member of the U.P. Sunni Central Waqf Board, Lucknow, who was entrusted to discharge such function pursuant to the direction of the Board. The operative part of the order is as follows: "Since the waqf in question is very important waqf which is under continuous litigation due to some misconception of legal position travelling in the mind of Mohammad Aftab hence it is statutory duty of this Board also to minimise the litigation and to make some healthy arrangement to remove further conflict between the parties. The term of committee of management elected by the society is five years but the State Government has issued a direction to this Board to appoint committee of management/mutawalli for a period of one year only hence to remove the confusion it is made clear that the committee shall be appointed for a period of one year but shall be granted extension after every one year till the committee completes the term as provided in the scheme of administration/bye-laws which is registered under the provisions of Societies of Registration Act. In view of the aforementioned discussions the application of Mohammad Aftab regarding appointment of his committee of management is rejected and the committee headed by Mr. Rizwan as its president, detailed below is appointed for a period of one year. The position of the committee as per annual list is as under: 1. Maulvi Rizwan Ahmad s/o of Qaari Mohd. Usman, r/o Hussainpur Ghosi, Mau Sadar 2. Masud Akhtar s/o Haji Abdul Majeed, r/o Kareemuddinpur, Ghosi, Mau Naib Sadar 3. Mohd. Nasir s/o Haji Abdul Hameed r/o Kareemuddinpur Ghosi, Mau Nazimeala (Secretary) 4. Mohd. Yunus s/o Haji Abdul Gani r/o Kareemuddinpur, Ghosi Mau Naib Nazim 5. Shahid Jamal s/o Haji Khairul Bashar r/o Kareemuddinpur, Ghosi, Mau Khanlz (Treasurer) 6. Haji Azizul Hasan s/o Yaseen r/o Badagaon Ghosi, Mau Member 7. Mohd. Qamaruddin s/o Ahmad Ali r/o Badagaon Ghosi, Mau Member 8. Mohd. Khalid s/o Rafiullah r/o Badagaon Ghosi, Mau Member 9. Amir Ahmad s/o Neyaz Ahmad r/o Badagaon Ghosi, Mau Member 10. Tasleem Ahmad s/o Mohd. Wase Khan r/o Bainswada Ghosi Mau Member 11. KhalilAshraf s/o Mohd. Shafeeq r/o Kareemuddinpur, Ghosi, Mau Member 12. Enul Haque Mohd. s/o Rafeeque r/o Kareemuddinpur, Ghosi, Mau Member 13. Haji Fakruddin s/oAll Akhtar r/o Kareemuddinpur, Ghosi, Mau Member 14. Shabbir Ahmad s/o Mohd. Amir Ahmad s/o Neyaz Ahmad r/o Badagaon Ghosi, Mau Member 10. Tasleem Ahmad s/o Mohd. Wase Khan r/o Bainswada Ghosi Mau Member 11. KhalilAshraf s/o Mohd. Shafeeq r/o Kareemuddinpur, Ghosi, Mau Member 12. Enul Haque Mohd. s/o Rafeeque r/o Kareemuddinpur, Ghosi, Mau Member 13. Haji Fakruddin s/oAll Akhtar r/o Kareemuddinpur, Ghosi, Mau Member 14. Shabbir Ahmad s/o Mohd. Yahia r/o Kareemuddinpur, Ghosi, Mau Member 15. Sakeeullah s/oAbdul Majeed r/o Manikpur Asna Ghosi, Mau Member 16. Dr. Maleeh Asgars/o Hafeezullah r/o Somareedih Ghosh, Mau Member It is further provided that under Rule 34 of the bye-laws there is provision for appointment of mutawalli with the condition that he shall not be the member of committee of management hence Mr. Mohammad Aftab son of Abdul Sattar is appointed as mutawalli for a period of one year with the direction that he shall manage the affairs of the mosque and shall work in consultation with the committee of management appointed above without any interference in the working of the committee which manages the entire waqf properties other than the properties dedicated by Haji Shukrullah. C.E.O. issue orders accordingly." 4. However, on the basis of rectification application made by one Mohammad Nasir as its Secretary of Waqf No. 611, Azamgarh an interim order was passed by the selfsame Member. The operative part of the order is as follows: "In view of the aforesaid submission there is no option before this Board but to stay the operation of the order dated 15.12.2007 so for as it relates with the appointment of Mohammad Aftab as mutawalli of mosque till such time as directed otherwise. Issue notice to the parties concerned fixing 1.3.2008 however, it is made clear that the Committee of Management appointed by this Board vide order dated 15.12.2007 shall continue in management of Waqf No. 611, Azamgarh without any interference from any comer." 5. No final order has been passed on such application as yet. The petitioner challenged the above order as well as the order originally passed to protect his interest as mutawalli. Petitioner's contention is that once the order has been passed by the Member of the Waqf Board on 15th December, 2007, he has become functus officio and cannot pass any further order in the garb of rectification interfering in the interest of the petitioner No. 2 as mutawalli. 6. Petitioner's contention is that once the order has been passed by the Member of the Waqf Board on 15th December, 2007, he has become functus officio and cannot pass any further order in the garb of rectification interfering in the interest of the petitioner No. 2 as mutawalli. 6. We have gone through the Waqf Act and found that under Section 63 of the Act there is power to appoint mutawalli and under Section 64 of the Act removal thereof. Section 64(5) of the Act speaks about suspension of mutawalli. However, Mr. Amit Saxena, learned Counsel appearing for the petitioner, has contended that before doing so the Board should apply provision of Section 64(3) of the Act, which is as follows : "(3) No action shall be taken by the Board under sub-section (1), unless it has held an inquiry into the matter in a prescribed manner and the decision has been taken by a majority of not less than two-thirds of the members of the Board." 7. Mr. G.K.Singh, learned Counsel appearing for the respondents, has contended that the writ petition has become infructuous by the passage of time. He has shown us an office memorandum of the U.P.Sunni Central Waqf Board, Lucknow that vide its order dated 29th October, 2009 Member of the Waqf Board has extended the term of the following Committee to manage the affair of Waqf No. 611, Azamgarh for a period of five years with effect from 15th December, 2007: "1. Molvi Rizwan Ahmad S/o Qari Mohd. Usman President 2. Sri MasoodAkhtar S/o Haji Abdul Majeed Vice President 3. Sri Mohd. Nasir S/o Haji Abdul Hameed Secretary R/o Kareemuddinpur, Ghosi, Mau 4. Sri Mohd. Yunus S/o Haji Abdul Ghani Naib Secy. 5. Sri Shahid Jamal S/o Khairul Bashar Treasurer 6. Haji Azizul Hasan S/o Yaseen Member 7. Sri Mohd. Qamruddin S/o Ahmad All Member 8. Sri Mohd. Khalid S/o Rafiullah Member 9. Sri Ameer Ahmad S/o Rafiullah Member 10. Sri Tasleem Ahmad Mohd. Was Khan Member 11. Sri KhalilAshraf S/o Mohd Shafeeq Member 12. Sri Enul Haque S/o Mohd. Rafeeq Member 13. Haji Fakhruddin S/o AliAkhtar Member 14. Sri Shabbir Ahmad S/o Yahiya Member 15. Sakeullah S/o Abdul Majeed Member 16. Dr. MaleehAsgharS/oHafeezullah Member" Mr. Singh is directed to prepare a copy of the office memorandum and place the same on record formally. Was Khan Member 11. Sri KhalilAshraf S/o Mohd Shafeeq Member 12. Sri Enul Haque S/o Mohd. Rafeeq Member 13. Haji Fakhruddin S/o AliAkhtar Member 14. Sri Shabbir Ahmad S/o Yahiya Member 15. Sakeullah S/o Abdul Majeed Member 16. Dr. MaleehAsgharS/oHafeezullah Member" Mr. Singh is directed to prepare a copy of the office memorandum and place the same on record formally. He said that under the order impugned a Society has been formed under the Societies Registration Act since 1960. The Society will control the Madarsa. The dispute marly relates to Madarsa. The order impugned dated 15th December, 2007 says that the State Government has decided that the term of the Committee of Management/mutawalli will continue for a period of one year. While as per the scheme of administration/bye-laws which is registered under the provisions of Registration of Societies Act it is for a period of five years. Therefore, it was held that period will be extended year after year but it will not be extended beyond a period of five years which has been expired on 15th December, 2007 by the office memorandum dated 6th November, 2009 placed before us. On the other hand Mr. Saxena has contended before us that if it is so then why under the order dated 15th December, 2007 a period of one year has been granted. Hence, the placement of the office memorandum and decision pursuant to the order of this High Court is self contradictory in nature. No function of the Committee of Management was regularised beyond the order of the Division Bench of this Court and when it is regularised it will continue for a period of five years following the renewal clause as per original order from 15th December, 2007. Therefore, the petitioner's mutawalliship is still in existence. 8. However, this type of dispute cannot be resolved by the writ petition. Investigation of facts is required to be made by appropriate Tribunal and as we find under Section 83 of the Waqf Act, 1995 that the Tribunal can be constituted on the issue that a mutawalli entrusted in the madarsa and aggrieved by Act or Rules may make an application for the purpose of resolving the issue. Investigation of facts is required to be made by appropriate Tribunal and as we find under Section 83 of the Waqf Act, 1995 that the Tribunal can be constituted on the issue that a mutawalli entrusted in the madarsa and aggrieved by Act or Rules may make an application for the purpose of resolving the issue. We cannot hold to say that it is such a matter which is beyond the scope of jurisdiction of the Tribunal to enquire into the matter that what would be the period of functioning the committee of management as well as mutawalli and/or whether the matter has become infructuous in the eye of law and/or the period will be calculated from 15th December, 2007 or will be ended by such date on the basis of the office memorandum dated 6th November, 2009 and/or whether any such application has been made by the respondent and an order passed on 6th February, 2008 is maintainable in nature and whether such interim order can be vacated and all such possible questions in relation thereof will be considered within a short span of time as per direction of the Court. Therefore, in disposing of the writ petition we direct the petitioner to file an application within a fortnight from the date of communication of this order and if it is done the Tribunal will expeditiously hear out the proceeding and comply the same by giving day to day hearing within a period of two months giving fullest opportunity of hearing to all concerned and by passing a reasoned order thereon. The Tribunal will be entitled to pass any interim order but neither of the parties in the garb of order will be allowed to take any unnecessary adjournment. Therefore, parties are directed to cooperate with the Tribunal for early disposal. 9. No order is passed as to costs. 10. The application, which is pending before the Board will abide by the order of the Tribunal. Hon'ble S.K.Tripathi, J. - I agree.