MD. ZAKARIA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This writ petition has been filed by Md. Zakaria assailing the order passed by the Government of Meghalaya, whereby an application filed by him under Section 65(2) of the Waqf Act, 1995 has been dismissed. The petitioner in that application had prayed for setting aside the order dated 10.08.2014 passed by the Meghalaya State Waqf Board assuming direct management of the said Waqf Estate and further prayed to appoint the petitioner as the Mutawalli of the said Waqf Estate.

(2.) Learned counsels for the parties submit that this very controversy whether Late Haji Kammu Mia 's descendant through female line could not be regarded as direct lineal descendants for being eligible to be appointed as Mutawalli has been set at rest by the Hon 'ble Supreme Court.

(3.) The judgment of this Court dated 28.01.2009 was assailed before the Hon 'ble Supreme Court at the instance of brother of the present petitioner in the case of Md. Abrar v. Meghalaya State Waqf Board. The Hon 'ble Supreme Court in the aforesaid judgment has held as under: