MOHAMMAD AFJAL Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner has filed this petition challenging order dtd. 2/11/2021 passed by respondent no.2 whereby suspension of respondent no.7 from office of President Waqf Anjuman Islamiya Masjid Lahasui, Kotma, District Anuppur has been revoked and he has been reinstated.

(2.) Respondent no.7 had filed I.A No.227/2022 for dismissal of writ petition. Petitioner has an alternative remedy to prefer an appeal under Sec. 67(4) of Waqf Act, 1995. Petitioner has challenged the impugned order by filing an appeal before M.P. Waqf Trbiunal, Bhopal, therefore, writ petition filed by petitioner is not maintainable.

(3.) Learned counsel for petitioner submitted that Sec. 67(4) of Waqf Act, 1995 provides a rider that Tribunal shall have no power to suspend the operation of the order made by the Board pending such appeal. In view of same, petitioner does not have any other remedy but to approach this Court by filing writ petition. Prayer is made for dismissal of application filed by respondent no.7.