COMMITTEE OF MANAGEMENT, WAQF DARGAH AHMAD SHAH GULAB SHAH, BIJNOR AND ANOTHER Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) PRESENT writ petition has been filed by the petitioners Committee of Management, Waqf Dargah Ahmad Shah Gulab Shah, Bijnor & another against State of U.P. and others for issuance of writ, order or direction in the nature of certiorari quashing the impugned order dated 5.11.2009 passed by respondent No. 3 and also a writ of mandamus directing the respondents not to interfere in the functioning of the petitioners relating to the management affairs of waqf Dargah Ahmad Shah Gulab Shah, Bijnor.

(2.) BRIEF facts as annunciated in the petition are as follows :

(3.) HENCE it is clear that the orders of the Waqf Board shall be certified by the Chief Executive Officer unless any officer or officer of the Board may be authorised by the Board. The Waqf Board has authorised Khalid Umar and Tajdar Alam to issue certified copy of the order of the Waqf Board. The alleged certified copy of the order dated 5.10.2009 passed by the Chairman, U.P. Sunni Central Waqf Board, Lucknow is neither issued by the Chief Executive Officer nor Assistant Secretary nor by the abovementioned officer of the U.P. Sunni Central Waqf Board and hence it cannot be held that the order passed by the Chairman, U.P. Sunni Central Waqf Board dated 5.10.2009 has been duly implemented. It is submitted that from perusal of the provisions of Section 26 of the Waqf Act it is obviously clear that object of the aforesaid sanction is that prior to the implementation of the Waqf Board all orders shall be placed before the Chief Executive Officer and the Chief Executive Officer, if he thinks, may place the same before the Waqf Board for reconsideration. As the order dated 5.10.2009 was not placed before the Chief Executive Officer prior to the issuance of its certified copy, thus it is clear violation of Section 26 of the Waqf Act. It is further submitted that it is only Chief Executive Officer who can issue a certified copy of the order and the Office Memorandum of the Waqf Board and in case, the post of Chief Executive Officer is lying vacant then in that case any other officer authorised by the Board can issue certified copy of the order. Accordingly, the order dated 5.10.2009 passed by the Chairman U.P. Sunni Central Waqf Board has hot been duly executed in consonance with the provisions of law. It is further submitted that according to the Government Order dated 12.12.2002 which is filed as annexure CA-1, only Chief Executive Officer is authorised to execute the order of the Waqf Board and the letter written by the respondent No. 3 has been rightly written and there is no error or illegality in exercising power and the writ is liable to be dismissed.