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2021 Supreme(All) 1601

RAJAN ROY, SURESH KUMAR GUPTA
Waqf Dargah Hazrat Peer Syed Mohammad Sahab (Rh) – Appellant
Versus
U. P. Sunni Central Waqf Board – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Somesh Tripathi, Haider Abbas.
For the Respondents: Adil Hussain, Syed Qamar Hasan Rizvi.

JUDGMENT :

1. Although there is a remedy against the impugned order before the U.P. Waqf Tribunal, Lucknow, as it is not functioning on account of vacancy on the post of presiding officer, therefore, we have entertained this petition and are deciding it with the consent of the parties.

2. Heard Shri Q.H. Rizwi, learned counsel for the opposite party Nos.1 and 2 as well as Shri Syed Aftab Ahmad, Advocate holding brief of Shri Adil Hussain, learned counsel for the opposite party Nos.3 to 5. Considering the nature of the dispute, we do not propose to call for any counter affidavit in the matter.

3. The petitioners herein have challenged an order dated 16.08.2021 passed by the U.P. Sunni Central Waqf Board by which another Committee of Management/Mutwalli has been appointed.

4. The contention of the learned counsel for the petitioners is that the petitioner no. 1/Committee of Management was initially appointed for three years on 22.01.2015. He says that the term of the Committee of Management was extended vide order dated 29.01.2018 w.e.f 22.01.2018 for three years. This term expired on 21.01.2021. The petitioner moved an application for extension of its term. In the meantime, as is mentio

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