LAWS(MPH)-2022-1-124

MANAGEMENT COMMITTEE WAKF Vs. STATE OF MADHYA PRADESH

Decided On January 10, 2022
Management Committee Wakf Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Petitioner is aggrieved by the order dtd. 16/12/2021 (Annexure P/1) passed by Chief Executive Officer of M.P. Wakf Board, Bhopal appointing a new management committee for Wakf Dargah Hazrat Jinda Shah Wali Gram Katangi, Tehsil Patan, District Jabalpur. It is submitted that this authority is not vested in the administrator but is vested in the Board under Sec. 67 of the Wakf Act, 1995. It is further submitted that as per sub-sec. (4) of Sec. 67, though an appeal lies to the Tribunal, but since Tribunal has no power to suspend the operation of the order made by the Board pending such appeal, therefore, the petitioner has approached this Court directly and this aspect has been dealt with by a Coordinate Bench of this High Court in W.P. No.13524/2021 (Javed Akhtar Vs. The State of Madhya Pradesh and others).

(2.) By way of interim measure, it is directed that till next date of hearing, operation of the impugned order dtd. 16/12/2021 shall remain stayed.