Neutral Citation No. - 2025:AHC:13023-DB Court No. - 40 Case :- WRIT - C No. - 28995 of 2024 Petitioner :- Yaqoob Hasan Khan Respondent :- U.P. Sunni Central Waqf Board And 2 Others Counsel for Petitioner :- Rakesh Kumar Counsel for Respondent :- Punit Kumar Gupta Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J. 1. Service upon the respondent no.3 has been made, but none appears on his behalf. 2. Heard Sri Rakesh Kumar, learned counsel appearing on behalf of the petitioner and Sri Punit Kumar Gupta, learned counsel appearing on behalf of the respondent nos.1 and 2. 3. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following reliefs :- "i. issue, a writ, order or direction in the nature of certiorari quashing the impugned resolution and consequential office memorandum dated 15.04.2024, passed by the respondent no.1 (as contained Annexure No.1 & 2 to this writ petition). ii. Issue, any other writ, order or direction, in favour of the petitioner, as this Hon'ble Court deems fit and proper in the present facts and circumstances of the case, so as to secure the ends of justice or else, the petitioner shall suffer irreparably." 4. Upon a perusal of material on record and upon hearing the learned counsel appearing on behalf of the parties, it appears that the application of the petitioner for being appointed as 'Mutawalli' was filed prior in time to that of respondent no.3, but without considering the same, the respondent no.3 was appointed as 'Mutawalli'. 5. Learned counsel appearing on behalf of Uttar Pradesh Sunni Central Waqf Board has fairly submitted that the application/representation filed by the petitioner was overlooked and was not considered at all. 6. In light of the same, the appointment of respondent no.3 is kept in abeyance and the authority concerned is directed to grant an opportunity of hearing to the petitioner and the respondent no.3, and thereafter, pass a reasoned order in accordance with law within a period of ten weeks from date. In the event, the petitioner is appointed as Mutawalli, then the order appointing the respondent no.3 shall be deemed to have been cancelled and in the event, the respondent no.3 is appointed, then the earlier order appointing the respondent no.3 shall be deemed to have taken effect from the earlier date itself. 7. With the above directions, the writ petition is disposed of. Order Date :- 24.1.2025 Dev/- (Vipin Chandra Dixit,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad