M/C WAQF NO. 44 WAQF CHHOTI TAKIYA THRU. SARBARAHKAR SYED ARSHAD JAMAL ASHRAF v. U.P. SUNNI CENTRAL BOARD OF WAQFS THRU. CHAIRMAN AND 2 OTHERS
WRIC/1910/2025 · 2025-04-02
Om Prakash Shukla, Rajan Roy
body2025
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[ 2025 DAILYLAW 125056 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125056 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18382-DB Court No. - 2 Case :- WRIT - C No. - 1910 of 2025 Petitioner :- M/C Waqf No. 44 Waqf Chhoti Takiya Thru. Sarbarahkar Syed Arshad Jamal Ashraf Respondent :- U.P. Sunni Central Board Of Waqfs Thru. Chairman And 2 Others Counsel for Petitioner :- Syed Aftab Ahmad,Mohd Adil Khan Counsel for Respondent :- Farhan Habib,Mohiuddin Khan Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Shri Apoorva Tiwari, learned counsel is present for the opposite party no. 3.
2. He has raised a preliminary objection by means of an affidavit and has prayed for dismissal on the ground of absence of locus of the petitioner.
3. On 04.03.2025 we had passed the following order:-
"1. Mr. Apoorva Tewari, learned Advocate has put in appearance on behalf of opposite party no. 3 and filed short-counter affidavit along with vakalatnama which is taken on record.
2. Counsel for the petitioner prays for and is granted two weeks' time to bring on record the resolution of the Managing Committee authorizing Syed Arshad Jamal Ashraf, Sarbarahkar of the Committee to file this petition challenging the impugned order.
3. Counsel for the Waqf Board shall seek instructions as to under which provision of law the impugned order has been passed.
4. Petitioner may file response to the short-counter affidavit, if any, of opposite party no. 3 before the next date.
5. List this case on 27.03.2025, as fresh.
6. The file culminating in the impugned order shall be placed before the Court on the next date, without prejudice to the preliminary objection of Mr. Tewari regarding maintainability of this petition at the best of the petitioner."
4. Petitioner's counsel is not present. The resolution of the Managing Committee authorizing Shri Syed Arshad Jamal as Sarbarahkar of the Committee for filing this writ petition challenging the impugned order has not been brought on record.
5. We have perused the records but say no more because
our order dated 04.03.2025 has not been complied by the petitioner. Accordingly, the writ petition is dismissed for want of prosecution, however, we make it clear that this
order will not come in the way of any person having locus standi to challenge the impugned decisions nor will it amount to affirmation or approval of the impugned decisions, as, we have not entered into the merits of the case.
6. The records have been returned back to Shri Farhan Habib, learned counsel for the opposite parties no. 1 and
2. . (Om Prakash Shukla,J.) (Rajan Roy,J.)
Order Date :- 2.4.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench