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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
DR. JUSTICE NUPUR BHATI, J
Lrs Of Peer Seyyad Julfikar Ali Jilani S/o Peer Seyyad Anwar Ali Jilan – Appellant
Versus
Rajasthan Board Of Muslim Waqf, Through Its Chairman, Jyoti Nagar, Lal Kothi, – Respondent
Order :
1. The instant petition under Article 227 of Constitution of India has been filed challenging the order dated 05.12.2023 (Annex.1) passed by the learned Sr. Civil Judge and Addl. Chief Judicial Magistrate, Nagaur (‘learned trial court’) in Civil Suit No.884/2014 with the following prayer:
“It is, therefore, most respectfully prayed that record of the case be called for and by an appropriate writ, order or direction:-
i. the impugned order dated 05.12.2023, passed by the learned Senior Civil Judge and Additional Chief Judicial Magistrate, Nagaur in Civil Suit No.884/2014 (03/95) titled as "Peer Seyyad Julfikar Ali Jilani Vs. Rajasthan Board of Muslim Waqf" may kindly be quashed and set aside and the application filed by the respondent defendant may be dismissed;
ii. any other appropriate writ, order or direction which this Hon'ble Court may deemed just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioners.
iii. Writ petition filed by the petitioners may kindly be allowed with costs.”
2. Briefly stated the facts of the case are that in the year 1995, the petitioners filed a suit (Annex.1) for declaration and permanent injunction bef
The Chief Executive Officer of the Waqf Board cannot delegate authority to exhibit documents to unauthorized individuals, as such powers are exclusively held by the Board under the Waqf Act.
The Waqf Board has the power of superintendence over the working of the Scheme and the authority to administer the Scheme, including the power to appoint and remove from the Office of Kalifa.
The Chairman of the Waqf Board has the authority to appoint a new Management Committee post supersession based on the provisions of the Waqf Act.
The Waqf Board acted without jurisdiction in recalling the managing committee's appointment, violating statutory procedures and principles of natural justice.
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.
The Chief Executive Officer of the Waqf Board lacks inherent power to review its own orders, and disputes must be addressed before the Waqf Tribunal as per the Waqf Act, 1995.
The Chief Executive Officer of the Waqf Board lacks inherent power to review its own orders; disputes must be addressed by the Waqf Tribunal as per the Waqf Act, 1995.
The court reaffirmed the necessity for the Waqf Board to address complaints swiftly regarding trustees and upheld the process for appeal against removals, ensuring adherence to statutory provisions.
when there is an allegation of fraud by non-disclosure of necessary and relevant facts or concealment of material facts, it must be inquired into. It is only after evidence is led coupled with intent....
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