Allahabad High Court
Javaid Hameed vs U.P. Sunni Central Waqf Board And 5 ... on 18 August, 2023
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:166786-DB Court No. - 40 Case :- WRIT - C No. - 27744 of 2023 Petitioner :- Javaid Hameed Respondent :- U.P. Sunni Central Waqf Board And 5 Others Counsel for Petitioner :- Azad Khan Counsel for Respondent :- C.S.C.,Punit Kumar Gupta Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri Azad Khan, learned counsel for the petitioner, Sri M.R. Shukla, learned Additional Chief Standing Counsel for the State-respondent nos. 3, 4 & 5 and Sri Punit Kumar Gupta, learned counsel for the respondent nos. 1 & 2.
2. By means of the present writ petition, the petitioner has prayed for following relief:
"(i) To issue a writ, order or direction in the nature of mandamus commanding and directing the respondent nos. 1 & 2 to decide the complaint and application dated 22.07.2022 and 21.06.2022 under Sections 54 and 52 of the Waqf Act, 1995, of the petitioner within specific period as may be fixed by this Hon'ble Court.
(ii) To issue a suitable writ, order or direction in the nature of mandamus commanding and directing the respondent nos. 2 to 5 to remove the unauthorized encroachment by the respondent no. 6 over the Waqf No. 42A/A.B.C.D. etc situated in Fahimabad, Kanpur Nagar.
(iii) And/or may pass such other and further order, which this Hon'ble Court may deem fit and proper under the aforesaid facts and circumstances of the case.
(iv) To award the cost of the petition in favour of the petitioner."
3. Learned counsel for the petitioner submits that he is the duly appointed Secretary of the Managing Committee of Waqf No. 42A-Kanpur. The contention of the learned counsel for the petitioner is that the respondent no.6 has encroached upon the property belonging to the Waqf which is registered as Waqf No. 42A-Kanpur. He further submits that Smt. Yasmin Khan and Smt. Husan Ara without any right or title in the property in question, executed a registered agreement in favour of one Krishan Gopal Tiwari on 09.02.2001. However, the possession of the house No. 117/H-2/1A has not been handed over to the said Krishan Gopal Tiwari but his son namely Akarshan Tiwari is unauthorisedly occupying the said Waqf property. For removal of encroachment, the petitioner moved complaints before the U.P. Sunni Central Waqf Board (respondent no.1) but the same has yet not been considered. He further submits that he has moved an application dated 21.06.2022 before the Chief Executive Officer of the Board (respondent no.2) for the change of old number of the house belonging to the Waqf from the records of the Board by replacing the same with new numbers.
4. Sri Punit Kumar Gupta, learned counsel appearing on behalf of U.P. Sunni Central Waqf Board raised an objection that the power to cause registration of Waqf and to amend register as provided under Section 41 of the Waqf Act, 1995, lies with the Board and the application dated 21.06.2022 is addressed to the Chief Executive Officer, U.P. Sunni Central Waqf Board (respondent no.2). He further submits that the house No. as mentioned in the complaint dated 13.12.2010 does not match with the description of the property as recorded in the register of Auqaf, maintained under Section 37 of the Waqf Act, 1995 and as such the aforesaid complaint could not be proceeded further.
5. Learned counsel for the petitioner prays that he may be granted liberty to file a fresh application under Section 41 of the Waqf Act, 1995, before the U.P. Sunni Central Waqf Board (respondent no.1).
6. Learned counsel for the U.P. Sunni Central Waqf Board submits that he has no objection to the extent that the liberty be granted to the petitioner to file a fresh application under Section 41 of the Waqf Act, 1995, before the respondent no.1.
7. Having regard to the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping the present writ petition pending.
8. Accordingly, without adverting on merits of the case and with the consent of the parties, the writ petition is disposed of with liberty as prayed by the petitioner, to file appropriate application for amendment, in accordance with the provision of Section 41 of the Waqf Act, 1995 within a period of ten days from today with a direction to the U.P. Sunni Central Waqf Board (respondent no.1) to pass appropriate orders on the said application, if filed by the petitioner within the aforesaid period, expeditiously and strictly in accordance with law.
Order Date :- 18.8.2023 Abhishek Gupta