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Madhya Pradesh High Court · body

2016 DIGILAW 57 (MP)

Jila Wakf Committee v. State of M. P.

2016-01-25

ROHIT ARYA

body2016
ORDER 1. This petition, under Article 226 of the Constitution of India, is filed at the instance of Jila Wakf Committee, Gwalior through Chairman Ramjaan Khan, aged 41 years, r/o A. B. Road Katti Ghati, Gwalior, inter alia seeking quashment of the order dated 14.12.2015 (Annexure P-1) whereby respondent No.5 has been appointed as Chief Executive Officer, M. P. Wakf Board, on deputation by the State Government. 2. On 13.1.2016, Ms. Ami Prabal, Advocate has filed the application for intervention on behalf of one Abid Zafar Qureshi who claims to be Chairman of the Jila Wakf Committee, Gwalior disputing status of petitioner Ramjaan Khan as Chairman of the said Committee as claimed in the writ petition. As directed by this Court vide order dated 13.1.2016, copy of the intervention application along with documents had been supplied to counsel for the petitioner to enable him to file reply and place on record the legally valid documents under the Wakf Act reflecting the name of Ramjaan Khan as Chairman, Jila Wakf Committee Gwalior as on date, for the purpose of determination of issue as regards locus standi of the petitioner. 3. Reply to the application for intervention has been filed and taken on record. 4. Facts relevant and necessary for disposal of this writ petition are to the following effect : Jila Wakf Committee, Gwalior was constituted vide order dated 19.12.2012 (communicated on 20.12.2012) passed by M. P. Wakf Board under section 18(1) of the Wakf Act, 1995 (for short "the Act"), with Abid Zafar Qureshi (Intervener) as Chairman, for a period of three years or until further orders. It appears that the Committee was served with a notice of dereliction of duty by the Wakf Board as contemplated under the Act. Reply was submitted and on consideration of the reply, it was decided by the Wakf Board to dissolve the Committee vide order No.5490 dated 5.6.2013 and on the same day vide Order No.5515, another eight member committee was constituted headed by petitioner Ramjaan Khan as Chairman. Both the orders were under challenge before the Wakf Tribunal at the instance of the intervener. Vide order dated 19.12.2013, the Tribunal set aside both the orders i.e. orders No.5490 and 5515 dated 5.6.2013. As a result, the Committee constituted by order dated 5.6.2013 headed by petitioner ceased to exist, as well as, the order dissolving the committee headed by Intervener was set aside. Vide order dated 19.12.2013, the Tribunal set aside both the orders i.e. orders No.5490 and 5515 dated 5.6.2013. As a result, the Committee constituted by order dated 5.6.2013 headed by petitioner ceased to exist, as well as, the order dissolving the committee headed by Intervener was set aside. The Wakf Board, under the orders of Chief Executive Officer, passed an order on 13.1.2014 bringing on record the consequences flowing from the order of Tribunal dated 19.12.2013 to the effect that as the order dissolving the committee headed by Intervener had been set aside, the said committee shall continue to function as Jila Wakf Committee, Gwalior. Copy of the order has been forwarded to the petitioner and intervener amongst others including Collector, Gwalior. 5. It appears that the order dated 19.12.2013 passed by the Tribunal is under challenge before this Court in Civil Revision No.28/2014 wherein the order of maintaining status quo has been passed on 10.9.2014, operative portion whereof reads as under : "Meanwhile, till the next date of hearing, status quo as existing today in regard to the Committee in question shall be maintained." 6. In the backdrop of the facts as mentioned above, it is well evident that vide order No.5515 dated 5.6.2013 Jila Wakf Committee, Gwalior was constituted, headed by petitioner as Chairman. Since the aforesaid order has been set aside by the Tribunal vide order dated 19.12.2013, therefore the said Committee is no more in existence and the petitioner cannot claim to maintain the status of Chairman, Jila Wakf Committee under the garb of order of maintaining status quo passed by this Court on 10.9.2014 in Civil Revision No.28/2014. By the order dated 19.12.2013, the Tribunal has also set aside order No.5490 dated 5.6.2013 whereby the Jila Wakf Committee headed by the Intervener was dissolved and, accordingly, the committee headed by Intervener stood revived by the order of Wakf Board dated 13.1.2014. Hence, the Committee headed by the Intervener, is in fact in existence. Consequently, in the light of order dated 10.9.2014 passed by this Court for maintaining status quo, the Committee which is in existence is one headed by the Intervener. 7. Under such circumstances, in the opinion of this Court, petitioner has wrongly described and styled himself as Chairman of Jila Wakf Committee, Gwalior for the purpose of filing this petition. Consequently, in the light of order dated 10.9.2014 passed by this Court for maintaining status quo, the Committee which is in existence is one headed by the Intervener. 7. Under such circumstances, in the opinion of this Court, petitioner has wrongly described and styled himself as Chairman of Jila Wakf Committee, Gwalior for the purpose of filing this petition. There is no other document on record contrary to those discussed above to suggest that M.P. Wakf Board has constituted any Committee after 13.1.2014. Hence, the petitioner has no locus standi. The petition fails and is dismissed in limine.