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2019 DIGILAW 542 (UTT)

Management Committee of Waqf Masjid Banjaran v. Uttarakhand Waqf Board

2019-10-21

MANOJ K.TIWARI

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JUDGMENT : Manoj K. Tiwari, J. Since common questions of fact and law are involved in these petitions, therefore, both the petitions are being heard and decided together by this common judgment. However, for the sake of clarity, facts of WPMS No. 3177 of 2019 alone are being considered. 2. This petition under Article 227 of the Constitution of India is filed by the Management Committee of Waqf Nos. 28, 428 & 433 of Circle Nainital against the order dated 12.07.2019 passed by Waqf Tribunal (Kumaon), whereby Deputy Collector, Haldwani was appointed as Receiver of the Waqf in question. Consequential order dated 31.08.2019 passed by Deputy Collector, Haldwani, whereby he constituted four member committee to manage affairs of the Waqf, has also been challenged. 3. Chief Executive Officer, Uttarakhand Waqf Board, in exercise of power under Section 32(2)(g) of the Waqf Act, 1995 appointed a Management Committee consisting of fifteen members to manage the affairs of Waqf Nos. 28, 428 and 433 for a period of three years w.e.f. 03.09.2014, vide order dated 14.05.2015. After expiry of three years, term of said Management Committee was not extended and another committee, consisting of thirteen members, was constituted by the Waqf Board in its meeting dated 26.02.2019., which was executed by the Chief Executive Officer, Waqf Board vide order dated 08.03.2019. This petition has been filed by the Management Committee appointed vide order dated 14.05.2015. 4. Feeling aggrieved by appointment of a new Management Committee, petitioner made a representation to Waqf Board contending inter alia (a) that the quorum of the Board meeting was not complete when the decision to appoint new management committee was taken, (b) reconstitution of new management committee was not part of agenda & (c) the Chief Executive Officer, who executed the decision of the Waqf Board vide order dated 08.03.2019, was relieved of his charge as Chief Executive Officer much earlier on 07.03.2019. 5. The new incumbent on the post of Chief Executive Officer, after considering the representation made by petitioner, passed an order on 25.07.2019, whereby he suspended the order passed by earlier Chief Executive Officer on 08.03.2019 and further provided that the order dated 14.05.2015, whereby petitioner management committee was appointed, shall remain operative till further orders or till said order is set aside by any competent Court of law. 6. 6. It transpires that petitioner filed an appeal before Waqf Tribunal against the orders dated 26.02.2019 passed by Waqf Board and order dated 08.03.2019 passed by Chief Executive Officer, which was registered as Waqf Appeal No. 4 of 2019. 7. The Waqf Tribunal by an interim order dated 12.07.2019 appointed the Deputy Collector, Haldwani as Receiver in respect of Waqf Nos. 28, 428 and 433 with liberty to him to constitute committee consisting of four members for managing the affairs of Waqf property. This order passed by Waqf Tribunal on 12.07.2019 has been challenged in the present writ petition. 8. Since respondent Nos. 2 to 12 in this writ petition, have also challenged the said order dated 12.07.2019 by filing WPMS No. 2332 of 2019 (Hazi Mohd. Yaseen & others Vs Management Committee Wakf No. 28, 428 and 433, Circle Nainital), therefore, both these petitions are being heard and decided by this common judgment. 9. Sri T.A. Khan, learned Senior Counsel for the petitioner submits that Chief Executive Officer of the Waqf Board vide order dated 25.07.2019 had not only kept the order dated 08.03.2019 in abeyance, whereby a new management committee was appointed, but the earlier management committee appointed vide order dated 14.05.2015 was revived. As a result, petitioner was restored in office as Management Committee. In such view of the matter, there was no occasion for the Waqf Tribunal to appoint the Deputy Collector as Receiver. 10. I find substance in the contention made by learned counsel for the petitioner. Since the petitioner Management Committee was revived by the order dated 25.07.2019 passed by Chief Executive Officer of the Waqf Board, therefore, the order of Waqf Tribunal to appoint Deputy Collector, Haldwani as Receiver, is uncalled for. 11. Having regard to the facts & circumstances of the case, WPMS No.3177 of 2019 is disposed of with a direction to the Waqf Tribunal to decide Waqf Appeal No. 4 of 2019 as early as possible, preferably within six weeks from the date of production of certified copy of this order. 12. Till decision in Waqf Appeal No. 4 of 2019, interim order dated 12.07.2019 passed by Waqf Tribunal and the consequential order dated 31.08.2019 passed by Deputy Collector, Haldwani shall be kept in abeyance. 13. In view of the order passed above, WPMS No. 2332 of 2019 also stands disposed of.