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2025 DAILYLAW 199460 (ALL)

COMMITTEE OF MANAGEMENT WAQF MASJID NAI BASTI THRU. SECY. SRI IMTIYAZ AHMAD AND ANOTHER v. U.P. WAQF TRIBUNAL THRU. REGISTRAR LKO. AND 2 OTHERS

A227/6249/2025 · 2025-10-17

S Q H Rizvi

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6249 of 2025 Court No. - 20 HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Syed Aftab Ahmad, learned counsel for the petitioners, Sri Farhan Habib, learned counsel for the respondent no. 2, Sri Ruved Kamal Kidwai, learned counsel appearing on behalf of the respondent no. 3 and perused the material available on record. 2. By means of the present writ petition the petitioners have prayed for quashment of the order dated 10.09.2025 passed by the U.P. Waqf Tribunal, Lucknow in Appeal No. 27 of 2024 thereby postponing the case for hearing on 07.10.2025. 3. It has been pointed out by the learned counsel appearing on behalf of the U.P. Sunni Central Waqf Board-respondent no. 2 that the corum as provided under Section 83 of the Wafq Act, 1995 is not complete as one of the Member has demitted the Office on completion of his term and since then no Member has been appointed in his place to fill the vacancy. 4. The aforesaid fact has not been disputed by the learned counsel for the petitioners. 5. The attention of this Court has been drawn towards the amendment to Section 83 of the Wafq Act, 1995, which prescribes that in case if there is no Tribunal or the Tribunal is not functioning, the person aggrieved may prefer an appeal before the High Court. Versus Counsel for Petitioner(s) : Syed Aftab Ahmad, Adil Hussain, Anurag Singh, Ishan Bhasin Counsel for Respondent(s) : Farhan Habib Committee Of Management Waqf Masjid Nai Basti Thru. Secy. Sri Imtiyaz Ahmad And Another .....Petitioner(s) U.P. Waqf Tribunal Thru. Registrar Lko. And 2 Others .....Respondent(s) The instant petition has been filed under Article 227 of the Constitution of India seeking the quashment of the order dated 10.09.2025 and for an interim stay. This Court is not inclined to entertain the present writ petition for want of statutory remedy available under the Act itself. 6. Taking into consideration the aforesaid fact, this Court is of the view that no useful purpose would be served in keeping the present writ petition pending. Accordingly, the present petition is disposed of with the liberty granted to the petitioners to file an appeal before the High Court in accordance with the amended provision of U.P. Waqf Act, 1995 after withdrawing the already filed appeal before the U.P. Waqf Tribunal, instituted by the petitioners on 21.05.2024 having Appeal No. 27 of 2024 (Bareilly). October 17, 2025 Arun A227 No. 6249 of 2025 2 (Syed Qamar Hasan Rizvi,J.) Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench