IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI &

HON'BLE SHRI JUSTICE GAJENDRA SINGH th ON THE 10 OF MAY, 2024 WRIT APPEAL No. 1069 of 2024 BETWEEN:-

RIYAZ KHAN S/O NOOR MOHD. KHAN OCCUPATION: EX-PRESIDENT UJJAIN WAKF MASJID AND MAZAAR MADAR SAHAB UJJAIN 36 MADAR GATE DISTT. UJJAIN (MADHYA PRADESH)

.....APPELLANT (SHRI AMIT KHATRI, ADVOCATE FOR THE APPELLANT THROUGH VIDEO CONFERENCING).

AND

1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF BACKWARD CLASSES AND MINORITY, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. MP WAKF BOARD THRUOGH CEO NEAR TAJUL MASJID BHOPAL (MADHYA PRADESH)

3. SUB DIVISIONAL OFFICER, UJJAIN NAGAR, DISTRICT UJJAIN (MADHYA PRADESH)

4. FAIZAAN KHAN S/O ABDUL RAZAAK, AGED ABOUT 27 YEARS, KHAN 25, HARI PHATAK, MAHAKAL ROAD, DIST. UJJAIN (MADHYA PRADESH)

5. ADMINISTRATOR, MP WAKF BOARD OFFICE NEAR TAJUL MASJID, BHOPAL (MADHYA PRADESH)

.....RESPONDENTS Signature Not Verified This appeal coming on for admission this day, Justice Sushrut Arvind Dharmadhikari passed the following:

ORDER

This appeal under Section 2(1) of the Madhya Pradesh Uccha Nyayalay (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed by the appellant assailing the order dated 24.04.2024 passed by the learned Single Judge in W.P.No. 15567/2021 whereby the writ petition has been dismissed.

2. The brief facts of the case are that the appellant herein was appointed as the President of the Wakf Masjid and Mazaar Madar Sahab Madar Gate, District Ujjain in the year 1995 and the managing committee was constituted for the purpose of managing the affairs of the Wakf situated at Ujjain. The committee was working since the year 1995 and from time to time, the period was extended till 10.01.2020. The committee headed by the appellant/petitioner was superseded under Section 67(2) of the Wakt Act, 1995 (hereinafter referred to as the Act of 1995) as amended in 2013 vide order dated 10.01.2020 which was challenged by the appellant before the Wakf Tribunal under Section 83(3) of the Wakf Act, 1995 and the same is pending for adjudication since January, 2020.

3. Meanwhile, the Wakf Board constituted under Section 14 of the Act of 1995 has been superseded under Section 99 of the Act and thereafter, the functioning of Board was handed over to the Administrator vide order dated 19.01.2019. The respondent No.2/Board with due approval from respondent No.3/Sub Divisional Officer, passed the order dated 23.07.2021 (Annexure P/2) with regard to appointment of new committee under Section 18 of the Act of 1995 whereby respondent No.4 was appointed as the new President for managing the affairs of the Wakf Masjid and Mazaar Madar Sahab Madar Gate Signature Not Verified District Ujjain for a period of three years. Thereafter, the respondent No.2/Board made an application before respondent No.3/SDO to direct the appellant to handover charge of the committee to respondent No.4, without there being any application by the respondent No.4. Consequent upon which, respondent No.3/SDO issued notice dated 04.08.2021 (Annexure P/1) for handing over the charge to respondent No.4. Being aggrieved, appellant/petitioner filed Writ Petition No. 15567/2021 challenging the aforesaid order (Annexure P/2) and notice (Annexure P/1). However, learned Single Judge dismissed the writ petition on the ground that the order/notice is not without jurisdiction. Hence, this appeal.

4. Learned counsel for the appellant contended that the learned Single Judge has committed an error of law in appreciating the provisions under Section 68 of the Act of 1995, which lays down procedure and requirement of the Statute for an act to be done in a particular manner. Section 68 of the Wakf Act, 1995 reads as under :

68. Duty of mutawalli or committee to deliver possession of records, etc. -

(1) Where any mutawalli or committee of management has been removed by the Board in accordance with provisions of this Act, or of any scheme made by the Board,