MOHD HARUN Vs. NISSAR AHMED

JUDGEMENT

(1.) THE present D. B. Special Appeal has been preferred to challenge the order passed by the learned Single Judge dated 6. 2. 2008 by which the appellants' application filed under Article 226 (3) of the Constitution of India for vacating the interim order dated 10. 1. 2008 was dismissed and the interim order dated 6. 2. 2008 was confirmed in SBCWP No. 243/2008.

(2.) FACTS of the case in brief are that there is a Durgah Diwaneshah Sabab, at Kapsan (hereinafter referred to as Durgah) and it is stated that said Durgah is visited by thousands of Jaireen and for managing the said Durgah, a committee is constituted. The said committee is Tauliyat Wakf Committee (hereinafter referred to as the Committee ). According to the petitioners, the said committee is registered under the provisions of Wakf Act, 1954. Wakf Act, 1954 was repealed by the Section 112 of the Wakf Act, 1995. The petitioners were appointed as Tauliyat of Wakf Committee by the Rajasthan Board of Muslim Wakf, Jaipur vide order dated 17. 1. 2004. According to the petitioners, the term of the committee was not limited and as per Section 67 of the Act of 1995 term of the committee is until the expiry of its term if specified by the Wakf or until it is superseded by the Board under Section 67 for the reasons mentioned under Section 67 of the Act of 1995. The Mutwalies can be removed under Section 64 of the Act of 1995. Therefore, under the Wakf Act, 1995 the petitioners' committee whose term is not limited by the Wakf or by order of any competent authority has right to work till it is superseded by lawful order.

(3.) IN the application filed under Article 226 (3) of the Constitution of INdia, submitted for vacating the interim order, the applicants-respondents submitted that the Principal seat of the High Court had no territorial jurisdiction and the writ petition of the petitioners is not maintainable in view of Section 83 (9) of the Act of 1995 as sub-section (9) of Section 83 provided that no appeal shall lie against any decision or order whether interim or otherwise, given or made by the tribunal. And the term of the petitioners' committee had expired and the contesting respondents had taken over the charge of the committee on 7. 11. 2007. It is also submitted that newly constituted committee in last two months' period has deposited more than Rs. 4,08,000/- with the bank, obviously, the amount which was offered by the Jaireen in the Durgah. It is also submitted that the interim order passed in writ petition gave the ultimate relief to the petitioners which could have been granted only as final relief in the writ petition.