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KHATIM REZA
Md. Abbas Khan – Appellant
Versus
State of Bihar – Respondent
ORDER
This Civil Revision application has been filed against the judgment and order dated 20.02.2015 passed in Waqf Appeal No. 02 of 2012 by the learned Presiding Officer of Bihar Waqf Tribunal, Patna whereby, the order passed by the Chairman, Bihar State Sunni Waqf Board, Patna issued under Memo No. 1466 dated 23.01.2022 signed by the Chief Executive Officer, Bihar State Sunni Waqf Board, Patna, appointing the petitioner as Mutawalli of Waqf Estate No. 2474 namely, Madarsa Arabia Wasimul Uloom, Barahpura, Bhagalpur has been reversed/set aside.
2. Waqf Estate No. 2474 namely, Madarsa Arabia Wasimul Uloom has been created through registered Waqf deed by Wasim Fatima (wife of Deyanat Hussain) on 26.04.1995. The nature of Waqf mentioned as Fi Sabilillah (The beneficiaries of the Waqf is the general public) for establishing Madarsa Arabia Wasimul Uloom, Barahpura, Bhagalpur. From the recital of the deed, Md. Abbas Khan was entrusted with all powers to manage and control the Madarsa as ‘Mohtamim’ and also given powers to the Mohtamim to accept movable and immovable properties in form of donation for the benefit of the said Madarsa. He was also empowered to exercise discretion in the matte
Removal from Mutawalliship of Waqf estate – Disputed question of facts which cannot be gone into in a writ petition under Article 226 of Constitution of India.
The Waqf Board must adhere to the rules of succession as per the waqf deed, reinforcing the principle of governance according to established customs and the intent of the waqif.
A Waqf cannot be created within an existing Waqf, and the Waqf Board lacks authority to create new Waqfs under the Waqf Act.
The Mutawalli's role is managerial and does not grant the authority to file suit on behalf of a mosque, which can only be done by the Waqf Board.
The Waqf Board has the authority to remove a Mutawalli under the Waqf Act and appoint an Executive Officer in the interest of the Waqf, affirming the integrity of procedural statutory provisions.
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