Research › Search › Judgment

Rajasthan High Court · body

2025 DIGILAW 466 (RAJ)

Iqbal Siphahi v. Rajasthan Board of Muslim Waqf

2025-02-20

NUPUR BHATI

body2025
ORDER : (NUPUR BHATI, J.) 1. Learned counsel for the parties jointly submit that the issue involved in the present writ petition is squarely covered by the order dated 14.02.2025 passed by the Coordinate Bench of this Court rendered in bunch of writ petitions led by SBCWP No.8017/2024 (Bafati Khan Rangrej Vs. State of Rajasthan & Ors.) 2. Learned counsel for the private respondents Nos.3 to 5 submits that the term of the committee was for a period of one year which is reflected from the office order dated 15.09.2022 (Annex.-1) and the said term came to an end on 14.09.2023. He further submits that the petitioner has preferred the instant writ petition being aggrieved of the amended office order dated 28.06.2023 (Annex.-5) by which, he was replaced by respondent No.4. He also submits that as the term of the committee was for a period of one year, thus the present writ petition has become infructuous. He also raised a preliminary objection that the petitioner having statuary remedy available to him had preferred the instant writ petition, thus the present writ petition is not maintainable. 3. Learned counsel for the petitioner is not in a position to refute the fact that the term of the committee was for a period of one year and the said term has come to an end on 14.09.2023. He further submits that though the term has come to an end, the committee is still functioning. 4. Thus, in view of the above submissions made by learned counsel for the parties, this Court finds that in writ petition involving similar issue, the Co-ordinate Bench of this Court has disposed of the writ petitions with certain direction and the same is reproduced hereinunder:- D. CONCLUSION: 7. In view of such submissions, both the writ petitions are disposed of as follows: i. The relief sought in both the writ petitions is rejected. ii. The Waqf Board is directed to take steps to appoint a new committee within three months from the date of this order. iii. Until a new committee is appointed, the Waqf Board is also directed to take direct control over the management of the committee from the invalid committee which is still managing the Waqf property. Such direct management shall be done forthwith. 5. iii. Until a new committee is appointed, the Waqf Board is also directed to take direct control over the management of the committee from the invalid committee which is still managing the Waqf property. Such direct management shall be done forthwith. 5. This Court also finds that the Co-ordinate Bench of this Court vide order dated 11.07.2023 had granted interim order in favour of the petitioner while staying the effect and operation of the order dated 28.06.2023 (Annex.-5) qua the petitioner. This is an admitted fact as indicated in office order dated 15.09.2022 (Annex.-1) that term of the committee was for a period of one year and the said term has come to an end, thus the relief claimed by the petitioner cannot be granted beyond the term of the committee. 6. Thus, in view of the above, the present writ petition is disposed of in the same terms as in the case of Bafati Khan Rangrej (supra) and the relief sought in the writ petition is rejected. The Waqf Board is directed to take steps to appoint a new committee within three months from the date of this order. Until a new committee is appointed, the Waqf Board is also directed to take direct control over the management of the committee from the invalid committee which is still managing the Waqf property. Such direct management shall be done forthwith. 7. Stay petition as well as other pending applications, if any, shall stand disposed of.