MOHD SHAMIM Vs. DELHI WAQF BOARD

JUDGEMENT

(1.) Petitioners impugn order dated 01.04.2021, whereby the Delhi Waqf Board has removed the petitioners, who were members of the W.P.(C) 10429/2021 and CM APPL. 32087/2021 Managing Committee of Dargah Hazrat Khwaja Qutubuddin Bakhtiyar Kaki (RAH), Mehrauli without giving them any show cause notice and opportunity of hearing.

(2.) Learned counsel for petitioner submits that Section 67 of the Waqf Act, 1995 mandates that prior to removal, a reasonable opportunity of showing causing against the proposed action is required to be taken.

(3.) Learned counsel appearing for Waqf Board submits that Section 67 is not applicable to the petitioners as Section 67 applies only to the Management Committee appointed by the Waqf and the admitted case of the petitioners is that they were not appointed by the Waqf but by the Waqf Board pursuant to order dated 22.09.2008 in Suit No. 151/2002, Taufiq Farooqui and Others Vs. Khwaja Syed Hilal Qutabi and Ors.