Management Committee For Wakf Kabristan Emagird Burhanpur Registration No. 145/583 Vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court 5 Apr 2022 Writ Petition No. 7033 Of 2020 (2022) 04 MP CK 0018
Bench: Single Bench
Acts Referenced

Judgement Snapshot

Case Number

Writ Petition No. 7033 Of 2020

Hon'ble Bench

Nandita Dubey, J

Advocates

Dharmendra Soni, Ankit Agrawal

Acts Referred
  • Wakf Act, 1995 - Section 67, 67(4)

Judgement Text

Translate:

Nandita Dubey, J

Petitioner is aggrieved by the order dated 10.03.2022 passed by the Chief Executive Officer of M.P.Wakf Board, Bhopal appointing a new

management committee for Wakf Kabristan Emagird 145/583, Burhanpur.

It is submitted that this authority is not vested in the administrator but is vested in the Board under Section 67 of the Wakf Act, 1995. It is further

submitted that as per sub-section (4) of Section 67, though an appeal lies to the Tribunal, but since Tribunal has no power to suspend the operation of

the order made by the Board pending such appeal, therefore, the petitioner has approached this Court directly and this aspect has been dealt with by a

Coordinate Bench of this Court in WP No.13524/2021 (Javend Akhtar vs. The State of Madhya Pradesh and others).

Issue notice to the respondents by all modes, returnable within three weeks.

Petitioner to take necessary steps within a week.

By way of interim measure, it is directed that till next date of hearing, operation of the impugned order dated 10.03.2022 shall remain stayed.

List the petition along with WP No.26197/2021.

Certified copy as per rules.

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