Madhya Pradesh High Court
Hazi Hire Khan vs The State Of Madhya Pradesh on 8 December, 2021
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 WP-26197-2021
The High Court Of Madhya Pradesh
WP No. 26197 of 2021
(HAZI HIRE KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 08-12-2021
Shri Dharmendra Soni, learned counsel for the petitioner.
Petitioner is aggrieved by the order dated 19/08/2021 passed by Chief
Executive Officer of M.P. Wakf Board, Bhopal appointing a new
management committee for Wakf Jama Masjid, Ikchhapur, Distt. Burhanpur.
It is submitted that this authority is not vested in the administrator but is
vested in the Board under Section 67 of the Wakf Act, 1995. It is further
submitted that as per sub-section (4) of Section 67, though an appeal lies to
the Tribunal, but since Tribunal has no power to suspend the operation of the
order made by the Board pending such appeal, therefore, the petitioner has
approached this Court directly and this aspect has been dealt with by a
Coordinate Bench of this High Court in W.P. No.13524/2021 (Javed
Akhtar Vs. The State of Madhya Pradesh and others).
Issue notice to the respondents, on payment of process fee within three
days by registered AD post.
Notice be made returnable within four weeks. By way of interim measure, it is directed that till next date of hearing, operation of the impugned order dated 19/08/2021 shall remain stayed.
List this petition in the week commencing 17th January, 2022. Certified copy as per rules.
(VIVEK AGARWAL) JUDGE ts Signature Not Verified SAN Digitally signed by TULSA SINGH Date: 2021.12.09 15:32:46 IST