In this writ petition, the petitioner sought a direction for the U.P. Sunni Central Waqf Board to consider his objection filed against initiation of proceedings under the Waqf Act regarding Waqf management.
Respondent No. 2 directed to consider petitioner's objection dated 16.2.2019 before deciding the matter.
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Court No. - 32
Case :- WRIT - C No. - 15539 of 2019
Petitioner :- Mohd. Mothasim Alvi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kaushal Kumar Pandey,Anand Ji Mishra Counsel for Respondent :- C.S.C.,Punit Kumar Gupta
Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.
This writ petition has been filed, inter alia, for the following relief;
"(i) Issue a suitable writ, order or direction in the nature of mandamus directing the Respondent No. 2 U.P. Sunni Central Waqf Board, Lucknow, through its Chairman to consider the objection/application dated 16.02.2019 filed by the petitioner against the application filed by the respondent no. 3 for initiating proceedings U/s 65 of the Waqf Act in respect of the management of the Waqf-Alal-Aulad bearing Waqf No. 50-A Meerut."
Learned counsel for the petitioner submitted that he has already filed his objection dated 16.2.2019 in pursuance of the notice issued under Section 65 of the Waqf Act, 1995.
The only prayer of the petitioner is that his objection dated 16.2.2019 so filed by him may be considered by the Waqf Board while deciding the matter finally.
Heard leaned counsel for the petitioner, Sri Punit Kumar Gupta, learned counsel for the Respondent No. 2 and perused the record.
Considering the facts and circumstances of the case, the Respondent No. 2 is directed that before
deciding the matter in question, it will also consider the objection/application of the petitioner dated 16.2.2019 in accordance with law.
We make it clear that we have not entered into the merits of the claim being made by the petitioner and the same shall be decided by the authority concerned on its own merits.
With this observation, this writ petition stands finally disposed of.
Order Date :- 7.5.2019
vinay
1 issue framed by the court
Whether the Waqf Board was directed to consider the petitioner's objection before deciding the proceedings under Section 65 of the Waqf Act, 1995.
1 provisions across 1 enactments
Mohd. Mothasim Alvi
State Of U.P
U.P. Sunni Central Waqf Board, Lucknow
Shashi Kant Gupta
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
