Neutral Citation No. - 2025:AHC-LKO:35123-DB Court No. - 2 Case :- WRIT - C No. - 5470 of 2025 Petitioner :- Rizwan Hasan Respondent :- U.P. Shia Central Waqf Board Thru. Its Chairman Lko. And Another Counsel for Petitioner :- Syed Asaghar Mehdi,Manish Mani Tripathi Counsel for Respondent :- Syed Aftab Ahmad Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Shri Syed Asaghar Mehdi, learned counsel for the petitioner, Shri Syed Aftab Ahmad, learned Counsel for the opposite parties and perused the record. 2. The instant petition has been preferred seeking following main relief(s):- "(i). Issue a writ, order or direction in the nature of MANDAMUS thereby commanding the opposite parties, more particularly opposite party no. 2 to issue the Certificate of Sanad Tauliyat Waqf Karbala Azamuddaula Bahadur, Mehndiganj, Registration no. 1 -1644 District Lucknow District Lucknow." 3. Learned counsel for the opposite parties admits that petitioner was appointed as Secretary, Waqf Azamtuddaula Bahadur, Karbala, Registration No. I-1664, District Lucknow. The said order dated 04.11.2024 is contained in Annexure no.1 to the writ petition. Learned counsel for the opposite parties admits to the said order, however, he states that subsequently on 25.11.2024 the U.P. Waqf Rules, 2024 have come into force and as per Rule 3 thereof, certain qualifications are prescribed for a Mutwalli, therefore, the Chief Executive Officer- opposite party no.2 has written to the Law Department of the Government of U.P. seeking opinion in the matter, as to whether the 'Sanad Tauliat' (certificate) should be issued to the petitioners or not. However, on being asked as to whether the Rules are retrospective in nature or not, he fairly submitted that they are not. We further asked him as to whether the issuance of 'Sanad Tauliat' is merely a consequential ministerial action, that is an action consequent to the order dated 04.11.2024 passed under Section 32 of the Waqf Act, 1995, he submitted that infact it is only a ministerial action. 4. We fail to understand as to how the Rules could pose any difficulty in this regard. We further asked learned counsel for the opposite parties as to under what authority legal opinion has been sought from the Law Department of the Government of U.P. when the Shia Central Waqf Board is a statutory body and not a department of the Government of U.P., he could not place any such provision. Prima facie it appears that the U.P. Waqf Rules, 2024 are not retrospective and as of now no such provision has been pointed out which could pose any difficulty in issuance of 'Sanad Tauliat'. The reference of the matter to the Law Department of the Government of U.P. by the opposite party no.2 also appears to be without reference to any statutory provision. 5. Accordingly, the opposite party no.2 is directed to take a decision in the matter, positively within 15 days, without waiting for any opinion from the Law Department of the Government of U.P., keeping in mind the provisions of the Waqf Act, 1995 and communicate the same to the petitioner, though he can, if he so wishes, take legal opinion from his lawyer. 6. In view of the above direction, the petition is disposed of. Order Date :- 10.6.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench