SYED WASEEM RIZVI Vs. STATE OF U P

JUDGEMENT

(1.) The petitioners are outgoing Chairman and members of the Wakf Board. They have challenged the impugned order passed on 31st August, 2012, which is as follows:

(2.) The main contention of the petitioners to challenge the same is that Section 99 of the Wakf Act, 1995 (hereinafter in short called as the "Act") speaks that if the State Government is of the opinion that the Board is unable to perform or has persistently made default in the performance of, the duty imposed on it by or under this Act or has exceeded or abused its powers, or has wilfully and without sufficient cause failed to comply with any direction issued by the Central Government under Section 96 or the State Government under Section 97, or if the State Government is satisfied on consideration of any report submitted after annual inspection, that the continuance of the Board is likely to cause injury to the interest of the Wakf then in that case after giving reasonable time to the Board to show cause and after considering the same, appropriate order is required to be passed by the State Government. The order, which is under challenge herein, has not been passed by the State Government but by His Excellency the Governor of Uttar Pradesh.

(3.) Mr. Jaideep Narain Mathur, learned Senior Counsel appearing for the petitioners, has argued at length mainly on the issues that no show cause was served upon the Board and the impugned order is not backed by any reason. At least 15 days' time is required to be given to file reply to the said show cause, however, in the case in hand, 7 days' time has been given which is too short. Best part of the causes pertains to service of notice to the old Board but not in respect of the new Board.