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2024 Supreme(MP) 816

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
GURPAL SINGH AHLUWALIA
Riyaz Ahmad, S/o. Ikran Khan – Appellant
Versus
Madhya Pradesh Wakf Board, Through Chief Executive Officer, Tajul Masajid Campus Bhopal (Madhya Pradesh) – Respondent


Advocates Appeared:
For the Petitioner:Shri Amanulla Usmani – Advocate
For the Respondents:Shri Mohan Sausarkar – Government Advocate.

Table of Content
1. petition seeks interim relief under article 226. (Para 1 , 2)
2. challenging removal under incorrect section of waqf act. (Para 3 , 14)
3. procedural correctness is mandatory but the argument fails. (Para 4 , 15)
4. court's correct application of waqf act's section. (Para 5 , 8 , 12 , 13)
5. authority to remove from chairperson role affirmed. (Para 6 , 16)
6. petition dismissed; no grounds for interference. (Para 17)

ORDER :

GURPAL SINGH AHLUWALIA, J.

This petition under Article 226 of Constitution of India has been filed seeking the following reliefs:

“I. Issue a writ in the nature of Interim Relief to stay the Impugned Order passed by the Respondent No.1 (Annexure P-1) till the pendency of the Writ Petition.

II. Issue a writ in the nature of Interim Relief to restrain the Respondents from taking any coercive against the Petitioner.

III. Issue any other interim order or direction which this Hon'ble Court deems fit and proper may also be granted to the petitioner.

2. Admittedly, the order under challenge is an appealable order. Accordingly, counsel for petitioner was repeatedly suggested that since there is no good ground to bypass the statutory remedy, therefore, petitioner

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