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2014 DIGILAW 2900 (ALL)

Mohd. Yousuf v. U. P. Sunni Central Waqf Board

2014-09-17

D.Y.CHANDRACHUD, DILIP GUPTA

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JUDGMENT Dilip Gupta, J. The petitioners had submitted an application to the Chairperson of the first respondent on 31 July 2012, seeking registration of a waqf, being Waqf No.2703, Moradabad on the basis of a Waqfnama dated 29 February 2012. The petitioners also sought a cancellation of a registration which was effected on 4 March 2005 of Waqf No.5517. The application has been disposed of by the Chairperson of the first respondent by an order dated 9 May 2014. 2. The issue which is raised before the Court is whether the Chairperson of the first respondent had authority to deal with the application or whether such a power is vested in the Board. Section 27 of the Waqf Act, 1995 provides for delegation of powers by the Board and is as follows: "27. Delegation of powers by the Board.?The Board may, by a general or special order in writing, delegate to the Chairperson, any other member, the secretary or any other officer or servant of the Board or any area committee, subject to such conditions and limitations as may be specified in the said order, such of its powers and duties under this Act, as it may deem necessary." 3. In exercise of powers conferred by Section 27 of the Act, the first respondent at a meeting held on 17 April 2010 resolved that all the powers and functions of the Board under Section 32 and under other provisions of the Act are delegated to the Chairperson and to the other members of the Board in the manner indicated therein. However, from the office memorandum dated 24 April 2010, a copy of which has been placed on the record by the learned counsel appearing on behalf of the first respondent, it is evident that the Chairperson would have no authority or power either to delete any waqf property from the records of the Board or to recall any order of registration. The relevant condition in the office memorandum states thus: "Under this resolution restriction is hereby imposed on the Chairperson and other members of the Board that they would have no authority/power to delete any waqf property from the records of the Board nor they can recall any registration order. The relevant condition in the office memorandum states thus: "Under this resolution restriction is hereby imposed on the Chairperson and other members of the Board that they would have no authority/power to delete any waqf property from the records of the Board nor they can recall any registration order. And if the same is necessary in view of order of any Court even then the matter shall be placed in the meeting of the Board and the Board shall take decision thereon." 4. In view of the condition which has been imposed in the office memorandum dated 24 April 2010, the Chairperson of the first respondent had no authority or jurisdiction to decide the application submitted by the petitioners for the cancellation of registration of a Waqf. Such an application was required to be decided by the Board. 5. Hence, without entering into the merits of the application which has been filed by the petitioners, we quash and set aside the impugned order dated 9 May 2014 (Annexure No.1) and remit the proceedings back to the first respondent for a decision afresh. We however, expressly clarify that this Court has had no occasion to express any opinion on the merits of the findings made in the impugned order since the only ground on which the petition has been allowed is the absence of jurisdiction in the Chairperson of the first respondent to decide the application. Accordingly, the proceedings are restored back to the first respondent for disposal afresh after hearing all the affected parties. This exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order. The petition is, accordingly, disposed of. There shall be no order as to costs.