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2025 DAILYLAW 134607 (ALL)

ANJUMAN YATIMKHANA ISLAMIA THRU. SECY. AKHTAR HUSSAIN AKHTAR, KANPUR v. U.P. SUNNI CENTRAL BOARD OF WAQF LKO. THRU. CHAIRMAN AND OTHERS

WRIC/4010/2025 · 2025-04-29

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24369-DB Court No. - 2 Case :- WRIT - C No. - 4010 of 2025 Petitioner :- Anjuman Yatimkhana Islamia Thru. Secy. Akhtar Hussain Akhtar, Kanpur Respondent :- U.P. Sunni Central Board Of Waqf Lko. Thru. Chairman And Others Counsel for Petitioner :- Aditya Vikram Singh,Jyoti Rajpoot Counsel for Respondent :- Farhan Habib,C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard Shri Aditya Vikram Singh, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and Shri Farhan Habib, learned counsel for the opposite parties no. 1, 2 and 3. 2. The petitioner claims that it has filed some appeal under Section 64(4) Waqf Act, 1995 before the Waqf Tribunal at Lucknow, however, we find that the appeal, in fact, is by Akhtar Husain Akhtar who was working as 'Mutawalli/ Secretary of the Waqf and not by the Waqf itself. The appeal is directed against the order by which the said Akhtar Husain Akhtar has been removed as 'Mutawalli'. The Waqf Tribunal is not functioning, however, it is also a fact that in this appeal no interim order has been passed. 3. This writ petition has been filed as the opposite parties no. 1 to 3 i.e. Waqf and its Officer are taking actions against the petitioner that is Anjuman Yatimkhana Islamia,. 4. However, on being asked as to what action has been taken by the opposite parties no. 1 to 3 no tangible action could be placed before us. We, therefore, see no reason to entertain this writ petition, especially as, Akhtar Husain Akhtar who has been removed as 'Mutawalli' has not come to Court in his name but the Waqf has come to Court albeit through him, whereas, the Waqf has not filed the appeal and individual Akhtar Husain Akhtar has filed this writ petition. 5. With the aforesaid observations, the writ petition is disposed of. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 29.4.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench