Board, as per Section 63 of the Waqf Act to appoint the Mutawalli of any disputed Waqf. The allegation against the applicant is that he in collusion with one Iqbal, who is posted as Waqf Inspector has obtained a report against the opposite party no.2 and has in collusion with him, has passed an order dated 18.12.2013. Learned Senior counsel for the applicant further submits that the order dated 18.12.2013 passed by the applicant herein in capacity of the Chairman U.P. Sunni Central Waqf Board in accordance with the provisions of Waqf Act, 1995, which is a quasi judicial order which can be challenged by opposite party no.2 before the appropriate tribunal in terms of Section 83 (2) of the Waqf Act, 1995. He further submits that in terms of the provisions of Sections 100 and 101 of the Waqf Act, 1995 any act done by the officers of the Chief Executive Officer or Survey Commissioner or any other person duly appointed in the Waqf Act, which is done in good faith then no case or other legal proceedings shall lie against them. In terms of Section 101 Waqf Act the applicant is a public servant within the meaning of Section 21 of the Indian Penal Code, therefore, no proceedings can lie against him for any order passed in the official capacity by the applicant herein. Therefore, he has prayed for quashing of the entire proceedings against the applicant herein.
