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MANAGING COMMITTEE, WAQF NO. 339, MORADABAD (J.P.) NAGAR versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Managing Committee, Waqf No. 339, Moradabad (J.P.) Nagar v. State Of U.P. And Others - WRIT - C No. 7663 of 2006 [2006] RD-AH 3102 (10 February 2006)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. W.P. No. 7663 of 2006

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

Counter affidavit may be filed by Sri Syed Mahmood representing the Board.

The provisions of section 64 of the Act, which provide for the procedure of removal of a Mutwalli would prima facie not apply where the Mutwalli himself either expressly or by his conduct abandoned the Waqf for a reasonably long period of time without making any adequate alternative arrangement for supervision of the Waqf property thereby causing dissipation of the Waqf property.

In the circumstances, prima facie the order of the Chairman of the Waqf Board virtually reinstating the respondent No. 4 as Mutwalli on the ground that the procedure for his removal was not followed does not appear to be correct. In the circumstances, operation of the impugned order dated 24th January 2006 will remain stayed till further orders.

Dated : February 10, 2006

AM/-

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