ABDUS SHAKOOR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petition has been filed by Abdus Shakoor-petitioner seeking a writ in the nature of quo warranto declaring the office of Estate Officer held by Rashid Mohammad (respondent No.5), to be vacant. A further prayer has been made for quashing the order dated 31.3.2017 (Annexure P-4) passed by the Chief Executive Officer, Punjab Waqf Board (respondent No.4), by which the term of Rashid Mohammad (respondent No.5), as Estate Officer, has been extended for a period of one year in anticipation, subject to approval of the Board/Chairperson/Administrator and further subject to the condition that he would submit a medical fitness certificate issued by not below the rank of Chief Medical Officer within fifteen days. Besides, as and when the competent authority would take charge, the file would be submitted to him for ratification and for necessary approval. The decision of the competent authority would be final and binding on the applicant i.e. Rashid Mohammad (respondent No.5).

(2.) Mr. P.P.S. Thethi, Addl. Advocate General, Punjab, has submitted a copy of notification dated 18.8.2017 issued by the Government of Punjab, Department of Home Affairs and Justice (Civil Defence Branch), whereby the Governor of Punjab by invoking sub Section (3) of Section 14, apart from other nominations as contemplated by Clause (b) of Section 14 (1) of the Waqf Act, 1995, as amended by Waqf Amended Act, 2013 (for short - 'the Waqf Act'), has been further pleased to appoint/nominate the persons as mentioned in the said notification as members of the Punjab Waqf Board. The notification dated 18.08.2017 is taken on record.

(3.) According to the learned counsel appearing for the respondents, with the Constitution of the Punjab Waqf Board by the aforesaid notification dated 18.08.2017, the present petition has been rendered infructuous and is liable to be disposed of as such.