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2025 DAILYLAW 60217 (ALL)

AKMAL IBAD KHAN v. STATE OF U.P. AND 4 OTHERS

WRIC/15882/2025 · 2025-05-18

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83582-DB Court No. - 40 Case :- WRIT - C No. - 15882 of 2025 Petitioner :- Akmal Ibad Khan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Syed Ahmed Faizan,Sr. Advocate,Zaheer Asghar Counsel for Respondent :- C.S.C.,Punit Kumar Gupta Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Supplementary affidavit filed in Court today be kept on record. 2. Heard Sri S.F.A. Naqvi, learned Senior Advocate assisted by Sri Zaheer Asghar, learned counsel appearing on behalf of the petitioner, learned Standing Counsel appearing on behalf of the State respondents and Sri Punit Kumar Gupta, learned counsel appearing on behalf of the respondent Nos. 2 to 4. 3. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by an order dated September 10, 2024 passed by the respondent No.4 wherein the matter has been referred to the respondent Board for reconsideration. 4. It is to be noted that the petitioner as well as respondent No.5 are appearing before the respondent Board and the next date fixed before the Board is June 16, 2025. 5. In light of the above, we are of the view that the impugned order is as per the Section 26 of the Waqf Act, 1995 wherein the Chief Executive Officer has the power to direct the respondent Board for reconsideration. 6. Accordingly, we do not see any mala fide action in the impugned order and do not wish to interfere with the same at this stage. Since the matter is pending before the respondent Board, the Board is directed to grant proper opportunity of hearing to both the petitioner as well as the respondent No.5, and thereafter, pass a reasoned order in accordance with law. The entire exercise should be completed within a period of eight weeks from date. 7. With the aforesaid directions, the writ petition is disposed of. Order Date :- 19.5.2025 Kuldeep (Dr. Y.K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad