Remanded

Syed Mohd. Ashiyam v. U.P. Waqf Tribunal Thru. Its Registrar Lko. and 3 Others

Allahabad HC29 Apr 2024/2104/2024

Case brief

AI extract

What is this about?

In this writ petition under Article 227, the petitioner challenged the Uttar Pradesh Waqf Tribunal for not considering his interim relief application after he was removed as Mutwali. The High Court directed the Tribunal to decide on the urgency of the application within ten days.

What did the court decide?

Liberty to petitioner to move application detailing urgency; Tribunal to decide on interim relief within ten days if urgency made out.

Syed Mohd. Ashiyam Vs U.P. Waqf Tribunal… — Pension and Retirement Benefits | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:33262

¶2

Court No. - 7

¶3

Case :- MATTERS UNDER ARTICLE 227 No. - 2104 of 2024

¶4

Petitioner :- Syed Mohd. Ashiyam Respondent :- U.P. Waqf Tribunal Thru. Its Registrar Lko. And 3 Others Counsel for Petitioner :- Syed Aftab Ahmad Counsel for Respondent :- Farhan Habib

¶5

Hon'ble Alok Mathur,J.

¶6

Heard Sri Syed Aftab Ahmad, learned counsel for petitioner as well as learned Standing Counsel for respondent No. 1 and Sri Farhan Habib, learned counsel for respondent Nos. 2 & 3.

¶7

In light of the proposed order, notices to respondent no. 4 is dispensed with.

¶8

By means of present writ petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 06.03.2024 passed by Uttar Pradesh Waqf Tribunal, Lucknow wherein it has granted time to the respondents to file their objections and on subsequent date the matter has been adjourned for one reason or the other but the interim relief application preferred by the petitioner has not been considered.

¶9

It has been submitted by learned counsel for petitioner that on the basis of some complaints, proceedings were initiated by the Uttar Pradesh Sunni Central Waqf Board with regard to appointment of the petitioner as a Mutwali. After hearing all the parties, by means of order dated 05.02.2024, the complaints were found to be correct and the petitioner was removed as Mutwali from three Waqfs.

¶10

The petitioner being aggrieved by the order of the Uttar Pradesh Sunni Central Waqf Board has filed an appeal before the Uttar Pradesh Waqf Tribunal which has been registered as Appeal No. 01/2024 wherein the respondents has put in appearance and sought for filing their objections.

¶11

The grievance raised by the petitioner is that despite the application made for grant of interim relief for stating the order of the Waqf Board, the Tribunal has not considered the same and it causing irreparable loss and injury to the petitioner. It is also noticed that the petitioner has not given any application detailing the urgency in the matter for disposal of the

¶12

application for interim relief.

¶13

Accordingly, the writ petition is disposed of with a liberty to petitioner to move an application before the Uttar Pradesh Waqf Tribunal within next one week detailing the urgency in the matter and for a prayer to dispose of the application for interim relief filed by him. On receipt of the said application, the Uttar Pradesh Waqf Tribunal shall consider and decide the same within next ten days by reasoned and speaking order. In case the Tribunal is of the view that urgency has been made by the petitioner for disposal of interim relief application, they shall proceed to consider and decide the said application expeditiously.

¶14

(Alok Mathur, J.)

¶15

Order Date :- 29.4.2024

¶16

Ravi/

¶17

Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench

Syed Mohd. Ashiyam v. U.P. Waqf Tribunal Thru. Its Registrar Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Syed Mohd. Ashiyam v. U.P. Waqf Tribunal Thru. Its Registrar Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Karam Jeet Singh Vs Civil Judge S.D. Pratapgarh and Another

Sunita Dixit Vs Civil Judge, Junior Division,East Dist. Hardoi and 2 Others

Smt. Abhilasha Masih and Another Vs Additional Civil Judge (Sr. Div.) Court No. 43, Lko. and 3 Others

Prahlad Singh Chak Holder NO.70 Objection Filed Vs Deputy Director of Consolidation Kheri and 2 Others

Shakeel Ahmad and Others Vs Mushtaq and Others

Piyush Singh Vs Commissioner , Prayagraj Mandal Prayagraj