SHEIKH AIJAZ ALI MEENAI Vs. WAQF TRIBUNAL

JUDGEMENT

(1.) SRI Syed Aftab Ahmad, learned counsel for the petitioner submits that the petitioner was a Mutwalli of the property owned by U.P. Sunni Central Waqf Board. He was removed from the office of the Mutwalli but the learned Tribunal has granted the stay. The suit was proceeded thereafter and the lower court has dismissed the suit (No. 259/74) for non-prosecution on 24.03.2009. He also submits that after knowing the dismissal of the aforesaid suit, an application was moved on 27th March, 2009 to recall the order dated 24.03.2009, which is still pending. So he prays that necessary directions may be issued to the court below to decide the recall application expeditiously.

(2.) ON the other hand, Sri Mohd. Sayeed, learned counsel for the opposite party No. 2 i.e. U.P. Sunni Central Board of Waqfs submits that originally Sheikh Shahid Ali Meeni was appointed as Mutwalli and after his death Sri Sheikh Shahnawaz Ali Meenai was appointed as Mutwalli who also died on 12.06.2010. Since, he was unmarried and no one is there to be substituted in his place, the petitioner has moved an application for holding the office of the Mutwalli and at present the office of the Mutwalli is still lying vacant.

(3.) HENCE, no direction can be issued to the court below regarding disposal of the Misc. Case No. 37-C of 2009 "Sheikh Shahid Ali Meenai versus U.P. Sunni Central Board of Waqfs" as prayed by the petitioner. The writ petition is dismissed.