Allahabad High Court
Abdul Haleem vs U.P.Sunni Central Borad Of Waqfs ... on 21 November, 2019
Author: Vivek Chaudhary
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- CIVIL REVISION No. - 15 of 2018 Revisionist :- Abdul Haleem Opposite Party :- U.P.Sunni Central Borad Of Waqfs Lko.Throu,C.E.O.And Anr. Counsel for Revisionist :- Mohiuddin Khan Counsel for Opposite Party :- Syed Aftab Ahmad Hon'ble Vivek Chaudhary,J.
Heard learned counsel for parties.
Admittedly, the facts of the case are that respondent Mutawalli had initiated two proceedings against the revisionist. One under JSCC Act and another under Section 54 of Waqf Act, 1995. Both the proceedings were clubbed together. Thereafter, the respondent moved application for disconnecting the JSCC suit and also for withdrawing the same. The same were allowed and both the cases were disconnected. Against the said order the present revision is filed.
During the pendency of revision, the JSCC suit is also withdrawn by the respondent. Now the revisionist states that proceedings under Section 54 of Waqf Act, 1995 would also not be maintainable in view of withdrawal of JSCC suit and others.
It is always open for the revisionist to raise such ground in the proceedings under Section 54 of Waqf Act, 1995. All the issues can be decided in the said proceedings.
In view of aforesaid, the present revision is consigned to records. It is expected that the Waqf Tribunal shall proceed and decide the proceedings as expeditiously as possible say within four months from the date a certified copy of this order is placed before it and shall not grant any unnecessary adjournment to parties.
With the aforesaid, the revision is disposed of.
Order Date :- 21.11.2019 Rajneesh JR-PS)