Shameem Mirza v. U. P. Sunni Cenrtal Board of Waqf
2016-03-28
D.Y.CHANDRACHUD, YASHWANT VARMA
body2016
DigiLaw.ai
JUDGMENT The petitioners seek a direction for the disposal of his applications for correcting the entry pertaining to Waqf No.541 at Moradabad from a Public Waqf to a Waqf Alal Aulad (Private Waqf). The petitioners also seek appointment as Mutawalli. 2. The learned Standing Counsel has informed the Court that the waqf was registered in 1946 as a public waqf after a general survey conducted at that time. Insofar as the petitioners are concerned, it has been submitted that one of them was appointed as Mutawalli earlier but was removed and that on 7 February 2013, a Mutawalli has been appointed whose appointment has not been challenged. 3. We are not inclined to entertain a writ petition seeking a direction for correcting the entry of the waqf in the manner in which it has been sought before the Court under Article 226 of the Constitution. The petitioners would be at liberty to pursue such remedies as are available in law. Moreover, since the appointment of Mutawalli has not been challenged, a direction cannot be sought for the appointment of the petitioner no.1 as a Mutawalli. However, if any other remedies are available in law, the petitioners would be at liberty to pursue the same. The petition is accordingly dismissed. There shall be no order as to costs.