FAISAL KHAN v. U.P. SUNNI CENTRAL WAQF BOARD THRU. ITS CHIEF EXCUTIVE OFFICER LKO. AND 3 OTHERS
A227/4403/2025 · 2025-07-29
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152843 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152843 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43656 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4403 of 2025 Petitioner :- Faisal Khan Respondent :- U.P. Sunni Central Waqf Board Thru. Its Chief Excutive Officer Lko. And 3 Others Counsel for Petitioner :- Abdul Muqeem,Faisal Ahmad Khan,Mohd. Qasim Khan Counsel for Respondent :- Farhan Habib Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and Shri Ashutosh Kumar Srivastava, learned counsel for respondent.
2. The present petition has been filed challenging an order dated 01.10.2024, whereby the appointment of the petitioner as Mutawalli was recalled.
3. The submission of learned counsel for the petitioner is that the petitioner has already approached the Waqfs Tribunal under Section 83 of the Waqf Act, 1995. However, as the Tribunal has not been constituted and is not functional, the petitioner has approached this Court.
4. Learned counsel for the respondent has drawn my attention to the amendment in Section 83 of the Waqf Act, 1995, which prescribes that in case, there is no Tribunal or the Tribunal is not functioning, the person aggrieved may appeal with the High Court directly.
5. In view of the bar, I am not inclined to entertain the petition under Article 227 of the Constitution of India.
6. However, the petitioner would be at liberty to prefer an appeal, if so advised, in accordance with law.
7. Certified copy of the impugned order shall be returned to the petitioner on his moving an appropriate application.
8. The petition stands disposed of. Order Date :- 29.7.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench