[2025:RJ-JP:8565] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Writ Miscellaneous Application No. 304/2024 In S.B. Civil Writ Petition No.19861/2017 Mohammed Yusuf S/o Late Shri Bashiruddin, Aged About 64 Years, R/o 5/116, Andar Kot, Ajmer, Presently Mutawalli, Dargah Khwaja Fakhruddin Chisti Sahab Sarwad, Kekri, District Ajmer And Member Of Rajasthan Board Of Muslim Waqf, Jaipur. ----Petitioner Versus 1. Rajasthan Board Of Muslim Waqf, Through Chairman, Lk- 1, Lalkothi Scheme, Jyoti Nagar, Jaipur. 2. Chief Executive Officer, Rajasthan Board Of Muslim Waqf, Lk-1, Lalkothi Scheme, Jyoti Nagar, Jaipur. 3. Shri Aman Ullah Khan, Chief Executive Officer, Rajasthan Board Of Muslim Waqf, Lk-1,lalkothi Scheme, Jyoti Nagar, Jaipur. ----Respondents For Petitioner(s) : Mr. Syed Saadat Ali, Mr. Nadeem Qadeer, Ms. Aafreen Rizvi For Respondent(s) : Mr. Asgar Khan HON'BLE MR. JUSTICE SUDESH BANSAL Order 25/02/2025 1. Instant misc. application has been filed to recall the order dated 17.09.2024, whereby and whereunder two writ petitions i.e. S.B. Civil Writ Petition No. 19861/2017 and S.B. Civil Writ Petition No. 3099/2018 were dismissed as having become infructuous. 2. Counsel appearing on behalf of petitioner submits that writ petition No.3099/2018 has rightly been declared infructuous, but as far as writ petition no. 19861/2017 is concerned, the issue is in [2025:RJ-JP:8565] (2 of 2) [WMAP-304/2024] respect of continuation of appointment of petitioner as Mutawali to Dargah, and same has not rendered infructuous. Hence, writ petition no. 19861/2017 deserves to be restored, and is required to be heard and considered on merits. 3. After service of notice, on behalf of respondents, counsel has put in appearance, though, no reply to the misc. application has been filed, but same has been opposed verbally. 4. Having considered the issue involved in the writ petition, in respect of appointment of Mutawali to Dargah, prima facie it appears that such issue requires adjudication on merits and was not rendered infructuous. This fact has also not been disputed by counsel for respondents. It further appears that the writ petition was withdrawn under some misconception. 5. For the aforesaid reasons, the order dated 17.09.2024 is recalled to the extent of permitting withdrawal of S.B. Civil Writ Petition No.19861/2017. Resultantly, S.B. Civil Writ Petition No.19861/2017 is allowed to be restored to its original number. 6. Accordingly, instant misc. application stands disposed of. (SUDESH BANSAL),J Sachin/35