Neutral Citation No. - 2025:AHC-LKO:31588 Court No. - 5 Case :- FIRST APPEAL No. - 102 of 2025 Appellant :- Waqf Qabristan Takiya Rahman Shah (Waqf No 63 ) Bareilly Thru. Secy. Salamat Husain Respondent :- U.P. Sunni Central Waqf Board Thru. Chairman Lko. And Another Counsel for Appellant :- Syed Ajaz Haider Rizvi Counsel for Respondent :- Farhan Habib,Kamlesh Kumar Singh Hon'ble Abdul Moin,J. 1. Heard learned counsel for the appellant, as well as Shri Farhan Habib, learned counsel appearing for respondent No.1. Vakalatnama on behalf of respondent No.2 and short counter affidavit filed by Shri Syed Aftab Ahmad, Advocate are taken on record. 2. With the consent of the parties, the matter is being decided finally. 3. Instant first appeal under the proviso to Sub Section 2 of the Section 83 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 (hereinafter referred to as 'the Act, 1995') has been filed categorically contending in para 19 of the affidavit in support of the application for interim relief that as the Chairman of the Waqf Tribunal has been transferred consequently the quorum of the Tribunal is not completed as such instant appeal has been filed under the aforesaid provisions of the Act, 1995. 4. There is no dispute raised to the aforesaid averment made in para 19 of the application by the learned counsels for the respondents. 5. Considering the aforesaid, the Court proceeds to hear and decide the appeal. 6. Under challenge is the order dated 05.11.2024 issued by the respondent No.1, a copy of which is Annexure-3 to the appeal, and Office Memorandum which has been issued on 03.03.2025, a copy of which is Annexure-5 to the appeal, whereby the Waqf Board has appointed a management committee for a period of 5 years for Waqf No.63 Bareli Waqf Qabristan Takiya Rahman Shah. 7. Contention of the learned counsel for the appellant is that a perusal of the aforesaid order would indicate that an application was filed by Shri Hazi Gazanfar Hussain vide application dated 01.11.2024, a copy of which is Annexure-2 to the appeal, wherein it was indicated that out of five members committee that had been constituted vide order dated 16.11.2022, four members have resigned and consequently he staked his claim for appointment of fresh management committee for a period of 5 years. 8. 8. Based on the said application and the copy of the alleged affidavit that had been given by the members who had resigned, the Waqf Board had passed the impugned order. 9. Argument of the learned counsel for the appellant is that upon having come to know about the aforesaid orders as passed by the Waqf Board, he has filed an application dated 20.05.2025 through registered post wherein it has been indicated that none of the members of the erstwhile committee have resigned. Thus, it is contended that the order has been passed by the Waqf Board on the basis of incorrect facts and thus prays that the aforesaid order be set aside. 10. Shri Farhan Habib, learned counsel appearing for respondent No.1 states that the said application has been received by the Waqf Board and an endeavour would be made to decide the application in accordance with law after hearing the parties concerned within a specified time. 11. Considering that the appellant has already filed an application pertaining to the impugned order, which is pending at the end of respondent No.1 as such the instant appeal is disposed of with a direction to the respondent No.1 to decide the pending application of the appellant in accordance with law under relevant rules expeditiously, say within a period of 3 weeks from the date of receipt of a certified copy of this order. Order Date :- 27.5.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench