Neutral Citation No. - 2025:AHC-LKO:33346 Court No. - 5 Case :- FIRST APPEAL No. - 103 of 2025 Appellant :- Kulsoom Hasan Respondent :- U.P. Shia Central Waqf Board Thru. Chief Executive Officer And 2 Others Counsel for Appellant :- Faisal Ahmad Khan,Abdul Muqeem,Mohd. Qasim Khan,Saiyad Mohammad Razi Haider Counsel for Respondent :- Syed Aftab Ahmad Hon'ble Abdul Moin,J. 1. Heard Shri Faisal Ahmad Khan, learned counsel for the appellant as well as Shri Syed Aftab Ahmad, learned counsel appearing for respondents No.1 and 2. 2. The Administrator as appointed by the Waqf Board vide the order dated 04.11.2024, a copy of which is Annexure-1 to the appeal, has been impleaded as respondent No.3. 3. Shri Syed Aftab Ahmad, learned counsel appearing for respondents No.1 and 2 states that as it is the Waqf Board, which has passed an order under Section 65 of the Unified Management Empowerment Efficiency and Development Act, 1995 (hereinafter referred to as 'Act, 1995'), which provides in Sub Section (5) that the Board may take over the administration of Waqf and in pursuance thereof after the Waqf has been taken over by the Waqf Board, the respondent No.3 has been appointed as an Administrator consequently there would not be any occasion to issue notice to the respondent No.3. As such notice to respondent No.3 is dispensed with. 4. Instant appeal has been filed under the proviso to sub section (2) of Section 83 of the Act, 1995. 5. Specific averment has been made in para 3 of the appeal that the learned Tribunal is not functional in the absence of the Chairman and consequently this Court under the aforesaid provision of the Act, 1995 would have jurisdiction to entertain the appeal. 6. Considering the aforesaid, this Court proceeds to hear the learned counsel for the parties on the appeal. 7. Under challenge is the order dated 04.11.2024, a copy of which is Annexure-1 to the appeal, which is the order passed under Section 65 of the Act, 1995 whereby the Waqf Board has assumed direct management of the Administration of the Waqf and has appointed respondent No.3 as an Administrator. 8. At the very outset, Shri Syed Aftab Ahmad, learned counsel appearing for respondents No.1 and 2 states that he has got oral instructions to the effect that the order may be set aside giving liberty to the Waqf Board to pass a fresh order in accordance with law. 9. Aforesaid statement is recorded. 10. Accordingly, the order dated 04.11.2024, a copy of which is Annexure-1 to the appeal, is set aside. The appeal is allowed. 11. The Waqf Board would be at liberty to pass a fresh order in accordance with law under the provisions of the Act, 1995. Order Date :- 30.5.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench