SK. SALIM MOHAMMAD Vs. ODISHA BOARD OF WAQF

JUDGEMENT

(1.) Mr. Rath, learned advocate appears on behalf of petitioner. On query from Court he submits, his client is Secretary of the Managing Committee of Jama Masjid, Bhawanipatra, in district Kalahandi. He submits, notices have been issued. In event the writ petition is not disposed of, there be interim stay on impugned office order dtd. 23/3/2023 appointing opposite party no.3 as administrator.

(2.) He submits, the Committee was appointed by office order dtd. 12/4/2016 for period of three years. During its tenure, there was no occasion for it to have been superseded by the Board. It continued to function thereafter. Suddenly there has been intervention by the Board to appoint opposite party no.3 as administrator. The order does not have authority of law by any provision in the Waqf Act, 1995. He submits further, impugned office order relies on Sec. 65, which provides for assumption of direct management, when no suitable person is available for appointment as a mutwalli. The provision is clearly not applicable. Hence, the appointment has been made illegally and pending hearing it should be stayed.

(3.) Mr. Riaz, learned advocate appears on behalf of opposite party nos. 1 and 2 and files counter with copy served. He draws attention to Sec. 83(2) to submit, petitioner must approach the Tribunal on having raised dispute regarding the office order. Mr. Das, learned advocate appears on behalf of opposite party no.3. He submits, the appointment was not sudden. His client will file counter. For the time being he adopts submissions made by Mr. Riaz. Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State.