ALI AKHTAR QUADRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Annexure -2, by which the petitioner, who was the Mutawalli of Shiekh Quadir Bakhsh Waqf Estate, Giridih, was removed from the post of Mutawalli on the ground of misappropriation of the income of the Waqf properties and in place of the petitioner, a Committee was constituted to work as Mutawalli, has been sought to be quashed in this writ petition. This order has been passed by the Chairman, Wakf Board, Patna, on 9-5-1998 and, according to the respondents, the same had been communicated by the Secretary of the Board.

(2.) The main ground for seeking the quashing of the impugned order is that the order was without jurisdiction as the Chairman had no legal authority to pass the same.

(3.) The aggrieved respondents appeared and contested the writ petition. According to the respondents, the petitioner has been rightly removed by the Chairman, who had the delegated power under Section 27 of the Wakf Act, 1995, and the order was communicated by the Secretary of the Board. The further contention raised by the learned counsel appearing on behalf of the aforesaid respondents is that the order was passed in the year 1998 and as the removal was made under Section 64(1)(i) of the Act, the remedy available to the petitioner was to file an appeal under Section 64(4) of the Act and by not availing this remedy, the petitioner had come to this Court directly and as such, the writ petition was not maintainable on the date of its filing (this writ petition was filed in the year 1999 at Patna High Court and this had been received on transfer after creation of the High Court of Jharkhand).