NISSR AHMED Vs. RAJASTHAN BOARD OF MUSLIM WAKF

JUDGEMENT

(1.) In this writ petition, the petitioners are challenging the order dated 6.11.2007 Annexure-7 passed by Rajasthan Board of Muslim Waqfs, Jaipur as also the order dated 8.1.2008 Annexure-9 passed by Rajasthan Waqf Tribunal, Jaipur whereby the appeal filed by the petitioner under Section 64/67 read with Section 83 of the Waqf Act, 1995 (hereafter, for short "the Act of 1995" only) was rejected as not maintainable.

(2.) This writ petition was filed before this Court on 10.1.2008 and on 10.1.2008, notices of writ petition as well stay petition were issued and an interim order was passed by Coordinate Bench of this Court to the effect that "in the meanwhile, effect and operation of impugned order dated 08.01.2008 (Annexure-9) and order dated 06.11.2007 (Annexure-7) shall remain stayed, till the next date of hearing." and the case was ordered to be listed on 17.1.2008.

(3.) On 15.1.2008, an application under Article 226 (3) of the Constitution of India was filed by the respondents. Thereafter, on 17.1.2008, in presence of both the learned counsel for the parties , the matter was fixed for hearing on 22.1.2008 and interim order was extended till then. Again on 22.1.2008, an order was made by the Court that the writ petition has not yet been admitted and let it be listed for admission on 23.1.2008 before the appropriate Bench as prayed by the learned counsel for the parties and interim order was ordered to be continued till then. On 23.1.2008, the case was ordered to be listed on 25.1.2008. Again on 25.1.2008, the case was fixed for hearing on 28.1.2008 while extending the interim order. On 28.1.2008, after hearing both the parties, notice was issued to learned Addl. Advocate General of the State for apprising this Court why the Regulations and Rules were not framed according to the new Act of 1995 and how the State Government has allowed Wakf Board to follow the Regulations for years together without framing the new Regulations in accordance with the Wakf Act, 1995 and next date 01.02.2008 was fixed for hearing.