Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 162640 (ALL)

Uttar Pradesh Shia Central Waqf Board THRU. CHAIRMAN v. Syed Faizi AND ANR.

CLRE/41/2022 · 2025-05-01

Jaspreet Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:25220 Court No. - 8 Case :- CIVIL REVISION No. - 41 of 2022 Revisionist :- Uttar Pradesh Shia Central Waqf Board Thru. Chairman Opposite Party :- Syed Faizi And Anr. Counsel for Revisionist :- Syed Aftab Ahmad Hon'ble Jaspreet Singh,J. 1. Heard learned counsel for the revisionist. 2. None appeared on behalf of the respondents. 3. The record indicates that the notices were issued to the respondents and as per the office report dated 9.12.2022, notices have been sufficiently served. 4. Since none has put in appearance on behalf of the respondents, accordingly the court has heard the learned counsel for the revisionist. 5. The sole submission of learned counsel for the revisionist is that the order impugned dated 29.7.2022 is per se void inasmuch as it is hit by Rule 8 of the U.P. Waqf Tribunal Rules, 2017 framed under the Waqf Act, 1995. 6. It is urged that in terms of Rule 8, the cases have to be decided by the Tribunal having a quorum of three members. It was provided therein that since 3.3.2014, any order passed by the Tribunal sitting single would be treated as null and void. 7. It is urged that the order impugned is dated 29.7.2022 which is after the said date of 3.3.2014 and has been signed by the President alone of the Waqf Tribunal (hereinafter referred to as "Tribunal") sitting single and as would be evident from the copy of the impugned order, which has been placed on record. 8. It is further urged that the Tribunal cannot sit over the administrative matters regarding conduct of its meeting by the Uttar Pradesh Shia Central Waqf Board and in such circumstances, calling upon the Chairman to respond regarding one of its administrative duties while he was chairing a meeting said to be held on 14.12.2021 is per se beyond the jurisdiction of the Tribunal. 9. The Court has considered the aforesaid submissions and for the ease of reference, Rule 8 as framed under the Uttar Pradesh Waqf Tribunal Rules, 2017 ( hereinafter referred to as "Rules of 2017") is being reproduced hereinafter for ready reference :- "8. (1). Henceforth the cases will be decided by a bench of two members or full Tribunal as mentioned in rule 3(4) above. However,if any case has been decided by a single member after dated March 3, 2014, it will be treated as null and void, the order is set aside and the case will be decided afresh by the full Tribunal of three members." 10. Considering the aforesaid Rule as well as the order impugned herein dated 29.7.2022 which is passed by the President of the Tribunal alone and sitting single, apparently is hit by the aforesaid provision. Hence, the submissions of learned counsel for the revisionist has some merit. 11. Since the impugned order is void in terms of Rule 8 of the Rules of 2017, accordingly the civil revision is allowed. Order dated 29.7.2022 passed by the Tribunal is set aside. Costs are made easy. Order Date :- 1.5.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench