Neutral Citation No. - 2025:AHC-LKO:10058 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 651 of 2025 Petitioner :- Syed Shoeb Ashraf Respondent :- Syed Shah Mohiuddin Ashraf And 3 Others Counsel for Petitioner :- Narendra Chauhan ,Pragati Mehrotra,Rakesh Devi Prasad Kumar,Swati Singh Counsel for Respondent :- Syed Ahmad Jamal, Asma Shamim, Syed Aftab Ahmad Hon'ble Pankaj Bhatia,J. 1. Heard Rakesh D. Kumar assisted by Sri Pragati Mehrotra and Sri Narendra Chauhan the counsel for the petitioner and Sri Gaurav Mehrotra assisted by Sri Harsh Vardhan Mehrotra with Sri Syed Aftab Ahmad the counsel appearing on behalf of the respondents and Sri Abhishek Mishra who appears for the respondent no.4. 2. The present petition has been filed challenging the order dated 24.10.2024 whereby, while entertaining the appeal against an undated order, accepting the report dated 08.11.2019, contained in Annexure no.15 of the writ petition. 3. The contention of the counsel for the petitioner is that while entertaining an appeal, the appellate authority had no jurisdiction / authority to direct that the appellant would maintain the properties as a 'mutwalli'. He argues that admittedly the property is not a waqf property and the appellant could not have been described as a 'mutwalli' entitled to manage the affairs. 4. From the documents on record, it transpires that in exercise of powers under section 147 of the U.P. Municipalities Act, pleadings were exchanged in between the parties and thereafter a report dated 08.11.2019 was furnished, which was accepted by the Chairperson of the Nagar Panchayat. The said action was challenged by means of an appeal by the respondent no.1, in which the impugned order came to be passed. 5. Considering the mandate of U.P. Municipalities Act, the powers vested upon the Executive Officer are confined to entitlement of the persons to be included in the list as prescribed under section 142 of the U.P. Municipalities Act. The power to amend is confined strictly to the entitlement of the persons seeking amendment of the list, the entire Municipalities Act does not confer any power to dwell upon the issue of the management of the Dargah or any other property for that matter. 6. Thus, prima-facie, the last line of the order/report dated 08.11.2019, appears to be beyond the powers conferred under the U.P. Municipalities Act. Similarly the order of the appellate court wherein it empowers the appellant to manage the property as a Mutwalli appears to be beyond jurisdiction vested in the authorities by virtue of the U.P. Municipalities Act. 7. In view thereof, the order dated 24.10.2024 is quashed. The appellate authority is directed to pass order on the appeal as preferred and pending within period of three weeks from today without giving any adjournments to any of the parties. 8. Both the parties shall appear before the appellate authority on 25.02.2025. Thereafter, the appellate authority shall proceed to decide the appeal in accordance with law within the time as directed above. 9. It is made clear that the appeal shall be confined to the powers conferred upon the authorities under the U. P. Municipalities Act and shall not go into other question. 10. This order does not in any way affect the merits of either of the parties, who can agitate their rights before the appellate authority in accordance with law. They are also entitled to plead whatever they wants to. 11. Any observations made in this order in respect of any of the rights of the parties shall not come in the way of appeal being decided on merits. 12. The writ petition stands disposed off with the said observations. Order Date :- 17.2.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench