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2022 Supreme(Megh) 228

H. S. THANGKHIEW
Md. Sulaiman – Appellant
Versus
State of Meghalaya – Respondent


Advocates appeared:
Mr. S.Jindal, Advocate, for the Petitioner; Mr. K.P.Bhattacharjee, GA, for the Respondent No. 1; Mr. S.A.Sheikh, Advocate, for the Respondent No. 2; Mr. T.T.Diengdoh, Sr. Adv. with Mr. C.C.T. Sangma, Advocate, for the Respondent No. 3; Mr. K.Khan, Sr. Adv. with Mr. S.K.Hassan, Advocate, for the Respondent No. 4

JUDGMENT

1. The petitioner who is stated to be a Joint Mutawalli of Haji Elahi Baksh Waqf Estate is before this Court being aggrieved with the appointment of respondent No. 3 as the other Joint Mutawalli of the said Waqf Estate by the respondent No. 4 vide the impugned letter dated 12-10-2021. Though the petitioner has not raised the issue of right, entitlement or fitness of the respondent No. 3 to be appointed as Joint Mutawalli, challenge to the impugned order has been made basically on two grounds, first that the impugned order has been issued contrary to the provisions of the Waqf Act and second that the petitioner was not heard before issuance of the impugned order.

2. When this instant matter was taken up for consideration, the respondents herein had raised the question of the maintainability of the writ petition. The locus of the petitioner was questioned, and the fact of availability of alternate remedy under Section 83 (2) of the Waqf Act of 1995, in such matters, was highlighted. It has also been contended that no cause of action has been disclosed; that there has been no violation of the rights of the petitioner; that the writ petitioner has filed the instant writ petition

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