MOHAMMED YUSUF v. RAJASTHAN BOARD OF MUSLIM WAQF ANDORS
CW/19861/2017 · 2026-01-06
Anoop Kumar Dhand
body2026
DailyLaw.ai
[ 2026 DAILYLAW 18198 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18198 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:86] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19861/2017 Mohammed Yusuf S/o Late Shri Bashiruddin, 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 Wakf, 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 Ms.Uzma Iliyas Ms.Saziya Khan Mr.Nadeem Uadeer Ms.Aafreen Rizivi For Respondent(s) : Mr.Asad Sheikh Mr.Praveen Kumar Jain JUSTICE ANOOP KUMAR DHAND Order 06/01/2026
1. The instant writ petition has been filed with the following prayer:-
“It is, therefore, in these circumstances most humbly prayed that your Lordships may kindly be pleased to call for the entire record relating to the alleged inquiry proceedings, proceedings of the Rajasthan Board of Muslim Wakf dated 2.11.2017, examine and
[2026:RJ-JP:86] (2 of 3) [CW-19861/2017] same and accept & allow this writ petition, and- (i) by issuing an appropriate writ, order of direction, in the nature thereof and thereby declared the inquiry report dated 27.10.2017,
resolution
No.19
dated 2.11.2017 as well impugned order of removal of the petitioner from the post of Mutawalli dated 2.11.2017 as illegal, arbitrary and void ab-initio; (ii) Any other appropriate writ, order or direction, which is deemed just and proper by this Hon’ble Court may also be passed in favour of the petitioner; (iii) Cost of the writ petition may also be awarded in favour of the petitioner.”
2. By way of filing the instant writ petition, a challenge has been led to the inquiry report dated 27.10.2017 as well as the removal order dated 02.11.2017. 3. At the outset, learned counsel appearing on behalf of the respondents apprised this Court that vide Board Meeting dated 19.01.2019, the order of removal of the petitioner dated 02.11.2017 has been withdrawn. Hence, under the changed circumstances, no cause of action survives with the petitioner to continue with the instant petition and the same has become infructuous. 4. Per contra, learned counsel appearing on behalf of the petitioner submits that the proceedings initiated in pursuance of the inquiry report dated 27.10.2017 is still pending.
Counsel submits that without issuing any proper notice and without
[2026:RJ-JP:86] (3 of 3) [CW-19861/2017] affording any opportunity of hearing to the petitioner, the impugned order has been passed, which has resulted in violation of principles of natural justice. 5. Considering the limited submissions made by learned counsel for the petitioner, this Court deems it just and proper to dispose of the instant writ petition with directions to the Inquiry Authority to proceed against the petitioner strictly in accordance with law, after providing him proper opportunity of hearing and then pass a reasoned and speaking order, expeditiously as early as possible, preferably within a period of four months from the date of receipt of certified copy of this order. 6. With the aforesaid observations, the instant writ petition stands disposed of. Stay application and all pending application(s), if any, also stands disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /1