The Waqf Board acted without jurisdiction in recalling the managing committee's appointment, violating statutory procedures and principles of natural justice.

JUDGMENT :

1. Heard Sri Amit Saxena, learned Senior Advocate assisted by Sri Pradeep Kumar Sharma for petitioner; Sri Ambrish Shukla, learned Additional Chief Standing Counsel alongwith Sri Fuzail Ahmad Ansari, learned Standing Counsel for the State respondent nos. 1 to 3; Sri Punit Kumar Gupta, learned counsel for U.P. Sunni Central Waqf Board, Lucknow (respondent nos. 4 & 5) and Sri Shashi Nandan, learned Senior Advocate assisted by Sri Amit Kumar Srivastava, learned counsel for the contesting respondent no. 6.

2. Pleadings have been exchanged and with the consent of learned counsel for the parties, this writ petition is being finally disposed of under the Rules of the Court.

3. Present Writ Petition under Article 226 of the Constitution of India is preferred with request to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 26.07.2023 passed by the “U.P. Sunni Central Waqf Board, Lucknow” (hereinafter referred to as the ‘Waqf Board’ for the sake of brevity) and consequential Office Memorandum (hereinafter referred to as the ‘OM’ for the sake of brevity) dated 31.07.2023, issued by the Assistant Secretary of Waqf Board.

4. The present writ petition pertains to management of a Waqf property known as “Waqf-Alal-Khair” Waqf No. 856 Moradabad/Amroha, which is duly recorded in the record of Waqf Board. The question involved in the present writ petition lies in a narrow compass. Few facts, however, need mention to appreciate the same.

5. As per earlier order dated 10.02.2015 passed by the Waqf Board, a Committee was appointed in exercise of powers conferred under Section 67 of the “Waqf Act, 1995” (hereinafter referred to as “the Act” for the sake of brevity) by which Aslam Hussain (petitioner) was appointed as President of the Committee consisting with 10 other members to manage the affairs of the said Waqf for a period of three years. Thereafter, the said order was notified by the Assistant Secretary of the Waqf Board vide OM dated 23.03.2015. As the term of the petitioner Committee was about to expire on 22.03.2018, it applied for extension of its term. The Chairman of the Waqf Board vide his order dated 06.03.2018 had extended the period of the Committee of Management for a further period of three years w.e.f. 10.2.2018.

6. The said order was challenged by one Mobin Shah before the U.P. Waqf Tribunal, Lucknow, which was registered as Waqf Petition No. 19 of 2018 (Mohammad Mobin Shah vs. U.P. Sunni Central Board of Waqfs and two others) on the ground that the Waqf Board had failed to apply its judicious mind to the entire facts and circumstances of the case and relied upon the report submitted to it by an officer without giving any opportunity of hearing to Mohd. Mobin Shah. The said order was also challenged on the ground of wrong findings. The main plank of argument was that the said order was passed against the will and wishes of Waqif and the appointment of the Committee by the Board as per order dated 06.03.2018 was not fair and reasonable. The same could not sustain in view of provisions contained under the Act and therefore, the order of appointment of the Committee was also liable to be set aside. The Waqf Tribunal vide order dated 13.03.2020 had allowed the waqf petition and set aside the order dated 06.3.2018 passed by the Chairman of the Waqf Board and remitted back the matter to the Board to pass the speaking order, after giving opportunity to the parties. While remitting the matter, in order to fill up the vacuum in the administration of the Waqf, the Waqf Tribunal further observed that the parties shall maintain status quo as on the said date, and till finalization of the proceeding. The Waqf Board upon remand had reconsidered the entire matter and passed detailed order on 13.6.2022.

7. It is relevant to indicate here that prior to passing an order dated 13.6.2022 the Circle Inspector was also directed to conduct a fact finding enquiry vide an order dated 25.6.2021 passed by th