ABDUL SALEEM Vs. CHAIRMAN RAJASTHAN WAKF BOARD

JUDGEMENT

(1.) BY THE COURT: This special appeal (writ) under article 225 of the Constitution of India read with section 18 of the Rajasthan High Court Ordinance, 1949 read with Rule 134 of the Rules of the High Court of Judicature for Rajasthan, 1952 has been filed against the order dated 12th May, 2010 passed by the learned Single Judge of this court by which the writ petition filed by the petitioners has been dismissed.

(2.) FOR the disposal of the present special appeal, the facts in brief are that the the appellants challenged the order dated 29.6.2009 by which a committee was constituted by the Rajasthan Board of Muslim Wakf for Alwar city in accordance with the provisions of the Wakf Act, 1995 (here-in-after referred to as 'the Act'). While admitting the writ petition, an interim order dated 14.9.2009 was passed by the learned Single Judge of this court whereby operation of the impugned order dated 29.6.2009 passed by the Rajasthan Wakf Board was stayed. Feeling aggrieved with the aforesaid order passed by the learned Single Judge, D.B. Civil Special Appeal (writ) No.925/2009 was filed and the same was decided on 20.10.2009 with the following observations:

(3.) IT is to be seen that the learned Single Judge found that a detailed procedure has been prescribed under the Act and the orders passed under the Act are subject to appeal etc. Therefore, alternative remedy was applicable in the present matter. Section 18 of the Act reads thus: Committees of the Board- (1)The Board may, whenever it considers necessary, establish either generally or for a particular purpose or for any specified area or areas, committees for the supervision of wakfs. (2) The constitution, functions and duties and the term of office of such committees shall be determined from time to time by the Board. Provided it shall not be necessary for the members of such committees to be members of the Board.