Allahabad High Court
C/M Waqf Dargah Hazrat Boodhan Shah ... vs U.P. Sunni Central Waqf Board 3-A, Mall ... on 8 November, 2024
Author: Rajan Roy
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:73716-DB Court No. - 2 Case :- WRIT - C No. - 9172 of 2024 Petitioner :- C/M Waqf Dargah Hazrat Boodhan Shah Thru. Secy. Alam Mansuri Respondent :- U.P. Sunni Central Waqf Board 3-A, Mall Avenue Lko. Chairman And 3 Others Counsel for Petitioner :- Vivek Kumar Srivastava,Anand Mani Tripathi Counsel for Respondent :- Farhan Habib,Ajay Kumar,Ritesh Ranjan Chaubey Hon'ble Rajan Roy,J.
Hon'ble Brij Raj Singh,J.
1. Vakalatnama filed by Shri Amrendra Nath Tripathi, Advocate on behalf of opposite party no. 4 is taken on record.
2. Heard Shri Anand Mani Tripathi, learned counsel for the petitioner, Shri Farhan Habib, learned counsel for opposite party nos. 2 and 3 and Shri Amrendra Nath Tripathi, learned counsel for opposite party no. 4.
3. After hearing learned counsel for the parties and perusing the records, when the learned counsel for the opposite parties were confronted with the contents of the show cause notice dated 29.05.2024, and the apparent absence of any specific details regarding the allegations against the petitioner as also the absence of any material on the basis of which the allegations/charges have been framed and the absence of any such mention in the show cause notice and also on being pointed out the manner in which the conclusion had been arrived at in the final order passed under Section 67 of the Waqf Act, 1995 without discussing the reply of the petitioner so as to disclose due and proper application of mind and without discussing any specific material on the basis of which general conclusion has been drawn in the last paragraph at page 45, learned counsel for the opposite parties including that of the Waqf Board and the private respondent no. 4 fairly submitted that liberty be granted to the Waqf Board to proceed afresh from the stage of issuance of a fresh show cause notice keeping in mind the observations made hereinabove giving details of the allegations and the material on the basis of which it is alleged as also annexing the material with the show cause notice and thereafter considering the reply of the petitioner and passing a reasoned and speaking order.
4. In view of the above, we are of the opinion that the show cause notice as also the order ultimately passed under Section 67 which is dated 03.09.2024 is in gross violation of principles of natural justice. The least that was required was that the charge/allegations should be specific it should contain specific details and supporting materials on the basis of which the charge has been framed. After providing the adverse material and the allegations aforesaid the reply should have been sought and thereafter a reasoned order should have been passed after considering the reply of the petitioner. We must make it clear that the final order may not be a very lengthy order akin to the judgment of a Court but it should disclose due and proper application of mind to the allegations, the replies of the petitioner and the evidence available if any, against the petitioner and the reasons for arriving at the conclusion based on such materials.
5. In view of the above, we quash the show cause notice as also the impugned orders dated 03.09.2024 and 06.09.2024 with liberty however, to the Waqf Board to proceed afresh against the petitioner.
7. Let issuance of fresh notice be considered within three weeks. After issuance of notice, if at all it is needed, the reply would be submitted within a period specified therein and from the date of submission of such reply, unless there is any illegal impediment, the competent authority shall pass the final orders within two months thereof.
8. The writ petition is allowed in the aforesaid terms.
Order Date :- 8.11.2024 Pks [Brij Raj Singh,J.] [Rajan Roy, J.]