Rajasthan High Court - Jodhpur
Bafati Khan Rangrej vs State Of Rajasthan (2025:Rj-Jd:9106) on 14 February, 2025
[2025:RJ-JD:9106]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8017/2024
Bafati Khan Rangrej S/o Moti Rangrej, aged about 57 Years, R/o
Opposite Banjara Hotel, Vikas Nagar, Abu Parvat, Mount Abu,
District Sirohi (Raj.).
----Petitioner
Versus
1. State of Rajasthan, through Secretary, Department of
Minority Affairs and Waqf, Govt. of Rajasthan, Secretariat,
Jaipur.
2. Rajasthan Board of Muslim Waqf, Lal Kothi Scheme, Jyoti
Nagar, Jaipur, through its Chairman.
3. The Chief Executive Officer, Rajasthan Board of Muslim
Waqf, Lal Kothi Scheme, Jyoti Nagar, Jaipur.
----Respondents
Connected With
S.B. Civil Writ Petition No. 10208/2023
1. Abdul Reheem @rauf Qureshi S/o Kallu, aged about 58
Years, President, Wakf Committee Mount Abu, Sirohi
(Raj.)
2. Mazhar Khan S/o Yakoob Khan, aged about 31 Years,
Joint Secretary, Wakf Committee Mount Abu, Sirohi (Raj.)
3. Shareef S/o Haji Kabeer Ahmad, aged about 60 Years,
Member, Wakf Committee Mount Abu, Sirohi (Raj.)
4. Mukhtiyar Khan S/o Sale Mohammed, aged about 61
Years, Member, Wakf Committee Mount Abu, Sirohi (Raj.)
5. Irfan Hasan S/o Ayyoob Khan, aged about 35 Years,
Member, Wakf Committee Mount Abu, Sirohi (Raj.)
----Petitioners
Versus
1. State of Rajasthan, through Principal Secretary,
Department of Minority Affairs and Wakf, Government of
Rajasthan, Secretariat, Jaipur.
2. Rajasthan Board of Muslim Wakfs, through its Chief
Executive Officer / Secretary, Jyoti Nagar, Jaipur
3. Chairman, Rajasthan Board of Muslim Wakfs, Jyoti Nagar,
Jaipur
4. Bafati Khan Rangrej S/o Moti Rangrej, R/o Opposite
Banjara Hotel, Vikas Nagar, Abu Parvat, Mount Abu,
District Sirohi (Raj.)
5. Hazi Fareed Meman S/o Jafar Mohammed, R/o Badi
Dhundai, Abu Parvat, Mount Abu, District Sirohi (Raj.)
6. Hazi Iftekar Ahmed S/o Nishar Qureshi, R/o Jaika
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[2025:RJ-JD:9106] (2 of 5) [CW-8017/2024]
Restaurant, Sani Gaon, Abu Parvat, Mount Abu, District
Sirohi (Raj.)
----Respondents
For Petitioner(s) : Mr. Sushil Bishnoi
Mr. Rahul Mandan
For Respondent(s) : Mr. R.S. Choudhary with
Mr. S.S. Gour
Mr. M.S. Siddiqui
Mr. Usman Ghani
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order 14/02/2025 This order disposes of the following writ petitions:
A. S.B. Civil Writ Petition No. 8017/2024:
The present writ petition has been filed by the modified President and Members of the modified committee seeking direction to the Waqf Board to take steps to handover charge of management of waqf property situated at Mount Abu, District Sirohi to the modified committee from the original committee. B. S.B. Civil Writ Petition No. 10208/2023:
The present writ petition by the President and Members of the Committee which was appointed by order dated 16.09.2022 challenging the order dated 28.06.2023 whereunder the previous order of appointment appointing the President and Committee Members was modified and a new President and Members of the Committee were appointed.
C. Facts and Submissions:
1. The background of the fact shows that a committee was appointed by the Waqf Board to supervise and manage the Waqf (Downloaded on 17/02/2025 at 09:49:25 PM) [2025:RJ-JD:9106] (3 of 5) [CW-8017/2024] property situated at Mount Abu, District Sirohi and the term of the office was for one year.
2. Before the completion of one year period, the Board has taken a decision to remove the President and some of the Members of the committee who were appointed by order dated 16.09.2022. The removed President and Members of the Committee have challenged the removal order dated 28.06.2023 whereunder apart from the removal, a new President and Members were appointed.
3. Initially, this Court has granted interim order in S.B. Civil Writ Petition No. 10208/2023 and subsequently on hearing, the stay was vacated and the stay petition was dismissed vide order dated 08.01.2024.
4. The grievance of the subsequent President and Members of the Committee is that inspite of vacation of interim order, the previous President and Members who were appointed vide order dated 16.09.2022 have not handed over the charge to them. The term of the original committee was for one year which came to an end on 15.09.2023. The new President and Members who were appointed consequent to the removal of President and four Members who were appointed vide order dated 16.09.2022. The period of such committee would also end after one year as per the original order dated 16.09.2022. This means that the stay order was in force till the completion of original term of the committee.
As per Section 67(6) of the Waqf Act, 1995 (hereinafter referred to as 'the Act of 1995'), the persons aggrieved of the removal has a remedy before the Tribunal and such remedy was not availed by the petitioners and they directly filed the present writ petitions (Downloaded on 17/02/2025 at 09:49:25 PM) [2025:RJ-JD:9106] (4 of 5) [CW-8017/2024] before this Court challenging the removal order. On account of alternative remedy available with the petitioners, such writ petitions are liable to be dismissed.
5. So far as the relief sought in S.B. Civil Writ Petition No. 8017/2024 by the modified committee, its term also ended on 15.09.2023. Stay granted by this Court was vacated on 08.01.2024. This means by the time of vacation of stay original term of the committee was expired. Therefore, any kind of relief directing the Board to take steps to handover charge to the modified committee which has no tenure by the date of disposal of these writ petitions, cannot be issued. Therefore, this Court is of the view that no relief can be granted in these writ petitions also. The writ petitions are liable to be dismissed.
6. Learned standing counsel appearing on behalf of the Board has submitted that on account of pendency of these proceedings, the Board could not take steps to appoint a new committee in terms of the Act of 1995 to manage the affairs and he sought two months' time to constitute a fresh committee. It is also requested that until a new committee is constituted, the Board would takeover the management of the Waqf property from the committee which is still managing the affairs without any valid terms.
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. (Downloaded on 17/02/2025 at 09:49:25 PM)
[2025:RJ-JD:9106] (5 of 5) [CW-8017/2024] 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.
(MUNNURI LAXMAN),J 231 & 233-BhumikaP/-
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