PARVEEZ AHMED Vs. CHAIRMAN

JUDGEMENT

(1.) Petitioners are tapping the writ jurisdiction of this court seeking invalidation of the Resolution dtd. 27/6/2023 passed by the 1st Respondent-Wakf Board in its 348th meeting vide Subject No.1(11), a copy whereof avails at Annexure-A inter alia whereby one Sri. Mohammad Sajjad Khan, a retired Police Inspector has been appointed as the Caretaker and the 3rd respondent- Sri.Roshan Ali has been appointed as a Mujawar for the Wakf Institutions in question; this appointment is for a period of one year.

(2.) Learned Sr. Advocate appearing for the petitioners argued that the impugned appointments could not have been made because of interim orders dtd. 18/12/2020 and 27/6/2022 respectively made in pending W.P.No.15031/2020 and W.P.No.12188/2022; the said Resolution has been passed without due application of mind and the power to appoint has been abused by the Auqaf Board for ulterior purpose of creating rift between the functionaries of the Institutions. He also argued that the impugned resolution is made without competence. In support of his submission, he banked upon certain Rulings.

(3.) Respondent No.3 having entered caveat through his counsel, resisted the petition by filing a huge Statement of Objections. Notice to other respondents is dispensed with. The counsel appearing for the 3rd respondent vehemently opposed the petition making submission in justification of the impugned order and the reasons on which it has been structured. He also contended that in the absence of a necessary party namely Mr.Mohammad Sajjad Khan, the petition is liable to be rejected in a wholesale way.