LAWS(RAJ)-2017-8-192

MARWAR MUSLIM EDUCATIONAL & WELFARE SOCIETY Vs. STATE OF RAJASTHAN THROUGH SECRETARY MINISTRY OF MINORITY AFFAIRS

Decided On August 16, 2017
Marwar Muslim Educational And Welfare Society Appellant
V/S
State Of Rajasthan Through Secretary Ministry Of Minority Affairs Respondents

JUDGEMENT

(1.) This writ petition is filed by the petitioner-society being aggrieved with the order dated 12.07.2017 passed by the Chief Executive Officer, Rajasthan Board of Muslim Wakfs, Jaipur (for short 'the Wakf Board' hereinafter), whereby the Chief Executive Officer of the Wakf Board has appointed Mr Raees Khan-Inspector, Wakf Board as Executive Officer and Mr Abdul Hafiz-LDC, Wakf Board, as Assistant Executive Officer for managing the affairs of Wakf Property, Takia Chand Shah, Jodhpur.

(2.) The petitioner-society is claiming that it was appointed as Mutawalli for managing the affairs of Wakf Property, Takia Chand Shah, Jodhpur on 02.12.1997 by the then Chairman of the Wakf Board. It is also claimed that though the petitioner-society was appointed as Mutawalli in the year 1997 but it was managing the wakf property since long time, prior to the year 1995.

(3.) It is averred in the writ petition that the Chief Executive Officer has no jurisdiction to pass the impugned order dated 12.07.2017 because before passing of the said order, no notice of any kind was given to the petitioner-society and, therefore, the order impugned is violative of principle of natural justice.