Neutral Citation No. - 2025:AHC:46651 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 2920 of 2025 Petitioner :- Mohd Hashim (Since Deceased) And 3 Others Respondent :- Waqf Alal Aulad Through Iqbal Ahmad And 2 Others Counsel for Petitioner :- Haseen Ahmad,Saurabh Basu,Sipte Husain Hon'ble Neeraj Tiwari,J. 1. Heard learned counsel for the petitioner. 2. Present petition has been filed with the following prayer: "(a) issue a order, setting aside the impugned order dated 22.01.2025 passed in Rent Control Appeal No. 02 of 2016 and impugned order dated 08.04.2016 passed in PA Case No. 05 of 1988. (b) Issue a order or direction, directing the respondents not to create any hindrance in peaceful possession to the petitioners shop in question." 3. Learned counsel for the petitioners submitted that present dispute is arising out of property of waqf. The only argument of learned counsel for the petitioners is that after the death of mutvalli, no substitution has been filed and appeal has been decided against a dead person, therefore, impugned order is bad and liable to be set aside. 4. I have considered the submission of learned counsel for the petitioners and perused the record. 5. P.A. Case No. 05 of 1988 was filed through the mutvalli of the waqf for eviction, which was allowed vide order dated 08.04.2016. Against the said order, appeal was filed, which was rejected vide order dated 22.01.2025. 6. In the appellate order dated 22.01.2025, it is clearly mentioned that after death of mutvalli, letter was written to waqf board on 16.09.2024 about appointment of new mutvalli. The said letter was replied on 05.12.2024 that no mutvalli has been appointed. The appellate court has opined that waqf board is legal entity, therefore, after the death of mutvalli in lack of substitution proceeding cannot be proceeded to be decided on merits. 7. This Court is also of the opinion that waqf is a legal entity and after the death of mutvalli, in lack of substitution, proceeding cannot be abated. Therefore, I find no infirmity in the order dated 22.01.2025. 8. Petition lacks merit and is hereby dismissed. 9. No order as to costs. Order Date :- 3.4.2025 ADY Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad