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H. S. THANGKHIEW
Md. Sulaiman – Appellant
Versus
State of Meghalaya – Respondent
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
The judgment establishes the principle that a petitioner must demonstrate a direct injury or violation of legal rights to have locus standi to challenge an act, and waiver of specific rights may impa....
The main legal point established in the judgment is the lack of clear guidelines for the appointment of Mutawalli, leading to biased and arbitrary decisions by the Wakf Board, and the intervention of....
The court upheld the authority of an appointed Mutawalli to file suit on behalf of a waqf, affirming that absence of objection from rightful successors negates claims of illegitimacy in appointment.
The court established that a party must specifically plead challenges to the appointment of a Mutawalli in a waqf case, and that amendments to the Waqf Act do not retroactively affect cases already a....
The court emphasized the importance of adhering to the principles of natural justice and the applicability of Section 83(2) of The Waqf Act, 1995 in determining the maintainability of the writ petiti....
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