1. This special appeal (writ) under Article 225 of the Constitution of India read with Section 18 of the Rajasthan High Court Ordinance, 1949 read with Rule 134 of the Rules of the High Court of Judicature for Rajasthan, 1952 has been filed against the order dated 12th May, 2010 passed by the learned Single Judge of this Court by which the writ petition filed by the Petitioners has been dismissed.
2. For the disposal of the present special appeal, the facts in brief are that the the Appellants challenged the order dated 29.6.2009 by which a committee was constituted by the Rajasthan Board of Muslim Wakf for Alwar city in accordance with the provisions of the Wakf Act, 1995 (here-in-after referred to as ''the Act''). While admitting the writ petition, an interim order dated 14.9.2009 was passed by the learned Single Judge of this Court whereby operation of the impugned order dated 29.6.2009 passed by the Rajasthan Wakf Board was stayed. Feeling aggrieved with the aforesaid order passed by the learned Single Judge, D.B. Civil Special Appeal (writ) No. 925/2009 was filed and the same was decided on 20.10.2009 with the following observations:
After arguing the matter to some length, learned Counsel for the Appellants submitted that he may be permitted to withdraw this appeal with liberty to file a detailed reply to the writ petition and also to file an application for vacation of interim order. He has further prayed that the learned Single Judge may hear the matter in regard to maintainability of the writ petition on service of notices on the Respondents No. 2 to 13.
3. The learned Single Judge in pursuance of the above order dated 20.10.2009 passed by the Division Bench heard the matter finally and rejected the writ petition vide its order dated 12.5.2010. Hence, the present special appeal has been filed.
4. We have heard learned Counsel for the Appellants as well as learned Counsel for the Respondents and carefully perused the material available on the file.
5. All the Respondents have been served.
6. On the request of the learned Counsel for both the parties, this special appeal has been heard and is being disposed of at admission stage.
7. It has been the contention of the learned Counsel for the Appellants that before passing order dated 29.6.2009 (Annexure-2), no opportunity of hearing was provided to them, therefore, the order passed by the Board being contrary to the provisions of the Act, deserves to be set aside. It is also contended that the learned Single Judge has not properly appreciated the matter while dismissing the writ petition. Learned Counsel has, in this connection, invited our attention to Sections 67 and 68 of the Act and has submitted that in fact Regulation 25 of the Rajasthan Muslim Wakf Regulations, 1964 (here-in-after to be referred in short as, ''the Regulations'') is not of much significance which has been relied upon by the learned Single Judge. It is also contended that opportunity of hearing in the case was must and if the public office discharges its function, it is necessary for it to adhere the principles of natural justice which has not been done in the present matter.
8. On the other hand, learned Counsel for the Respondents has submitted that the learned Single Judge has passed a detailed order after taking into consideration various submissions made before him. It is also contended that the writ petition was dismissed on the point of maintainability as well as on merits, therefore, looking to the scope of special appeal, the appeal is liable to be dismissed.
9. We have considered the submissions made before us.
10. It is to be seen that the learned Single Judge found that a detailed procedure has been prescribed under the Act and the orders passed under the Act are subject to appeal etc. Therefore, alternative remedy was applicable in the present matter. Section 18 of the Act reads thus:
Committees of the Board- (1) The Board may, whenever it considers necessary, establish either generally or for a particular purpose or for any specified area or areas, committees for the supervision of wakfs.
(2) The constitution, functions and duties and the term of office of such committees shall be determined from time to time by the Board. Provided it shall not be necessary for the members of such committees to be members of the Board.
11. Section 32 of the Act states about the powers and functions of the Board. It states that subject to any rules that may be made under this Act, the general superintendence of all wakf in a State shall vest in the Board established or the State; and it shall be the duty of the Board to exercise its powers under this Act so as to ensure that the wakf under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such wakf were created. It further provides vide Section 67(4) that any order made by the Board under Sub-section (2) shall be final and a person aggrieved by the order made under Sub-section (2) may, within sixty days from the date of the order, can prefer appeal before the Tribunal. Section 67(6) states that any member aggrieved by any order for his removal from the membership of the committee may, within a period of thirty days from the date of service of the order on him, prefer an appeal against such order to the Tribunal and the Tribunal may, after giving a reasonable opportunity to the Appellant and the Board of being heard, confirm, modify or reverse the order made by the Board and the order made by the Tribunal in such appeal shall be final.
12. The Regulations also provides the procedure and functions of committees of the Board. Regulation 21 is in relation to Constitution of Committee. Regulation 25 is in relation to terms of office of committees. It states that each committee shall be constituted for a term of one year; provided that the Board may, by resolution made in that behalf extend the term for a further specified period not exceeding six months.
13. Thus, in view of above provisions of the Act and the Regulations, it becomes absolutely clear that any aggrieved person may file statutory appeal under the provisions of the Act and the Regulations. In the instant case, no such appeal was filed and straight away the writ petition was filed. It is to be seen that the learned Single Judge considering the matter of maintainability of the writ petition, has discussed various provisions of the Act and has reached to the conclusion that alternate remedy in such matters is available to the aggrieved person.
14. It may be stated here that repeatedly learned Counsel for the Appellants was asked as to what right of the Appellant has been infringed and what prejudice has been caused to them by the impugned order constituting committee by Wakf Board on 29.6.2009 (Annexure-2 to the writ petition). The learned Counsel could not point out infringement of any right of the Appellants as well as the prejudice caused to them.
15. The learned Single Judge considered the matter on merits also and observed as under:
So far as submission made by counsel for the Petitioners that prior notice or opportunity was not afforded, is of without substance for the reason that the term itself was for one year and the Respondent-Board was within its competence to constitute fresh Committee under its Regulations. No right of the Petitioners has been infringed and in such circumstances there was no occasion for the Respondents to provide any hearing before passing of the order impugned.
16. In view of above factual and legal aspect of the matter, we do not find any merit in this special appeal and the same is liable to be dismissed summarily.
17. In the result, this special appeal is dismissed summarily
