MAULVI ABDUL RAHMAN SIYAI Vs. SARDAR MAQBOOL HASAN

JUDGEMENT

(1.) THE abovenoted civil revision has been preferred against the judgement and order dated 30-8-2008 passed by Civil judge (Senior Division) Varariasi/wakf Triburial, whereby the application 241 Ga and 242 Ga filed by the revisionist in Wakf refence No. 4 of 2007, Sardar Maqbool hesan v. U. P. Sunni Central Wakf Board and Others have been dismissed,

(2.) THE brief facts leading to the case are that there is a wakf known as Wakf Masjid lat and Roja Hajrat Maqdoorn Tazuddin ahrnad Bukhari (Wakf No. 7) Varanasi District Varanasi registered with U. P. Sunni central Wakf Board. The said wakf is not created by any wakf-deed rather it was created by user and registered as Public Wakf. On account of death of Late Mohd. Bashir s/o Haji Abdul Ahmad vacancy of Mutawalli in the said wakf had occurred, The applicant/revisionist and respondent No. 1 have approached the respondent No. 2 namely U. P. Sunni Central Wakfs Board by moving their applications for their appointment as mutawalli or the Committee of Management to manage the affairs of the said Wakf. The wakf Board after hearing the parties has passed an order dated 26-7-T2007 in pursuance thereof Chief Executiypr Officer of the u. P. Sunni Central Wakf Board issued office memorandum on 23-8-2007, whereby a Committee of Management of the applicant/revisionist was appointed for a period of one year and the application moved by the respondent No. 1 for his appointment as Mutawalli has been dismissed.

(3.) THE respondent No. 1 being aggrieved by the said order of the Board and office memorandum issued by the Chief-Executive Officer of the Board has filed-application under Section 83 (2) of the Wakf Act-1995 (herein after referred to as the Act); which was numbered as Reference No. 4 of 2007 before Wakf Tribunal/civil Judge (Senior Division), Varanasi on 5-9-2007. The respondent No. 1 has also filed an application for grant of interim injunction in the said reference. Thereupon the Wakf Tribunal has passed an interim injunction in favour of respondent No. 1 on 3-10-2007. The applicant and other office bearers of the committee 6f Management have challenged the said order by means of Civil Keviion no. 396 of 2007 before this Court. After hearing both the parties this Court has disposed of the said revision with a direction to the Tribunal to decide the said Wakf Reference on merits within a period of three months from the date of production of certified copy of the order before the Tribunal vide judgment and order dated 21-2-2008.