Allahtala Malik Wakf No. 79 Nainital vs District Magistrate, Nainital & others

Heard learned counsel for the parties and perused the record.

This writ petition has been filed by Management Committee of the Waqf seeking following relief:-

"A writ, order or direction in the nature of mandamus directing the respondent no. 1 and 2 to handover the keys of donation box of the wakf and the entire account deposited in the treasury Haldwani w.e.f. 01.05.2014 to till today to the management committee wakf no. 79 Nainital appointed by Uttarakhand wakf board."

The facts of the case, in nutshell, are as follows:-

There is a Dargah known as "Dargah Sher Ali Baba" in Kathgodam, District Nainital. There was a dispute between two rival groups regarding control over the management and property of the said wakf, which was taken to Wakf Tribunal and was registered as Wakf Case No. 2 of 2013. The Wakf Tribunal passed an order on 04.06.2013 of status quo in the said case. In the meantime, Wakf Board granted permission to one of the groups for holding Urse by order dated 21.04.2014 and in the said order it was provided that petitioner shall seek modification of the status quo order from the Wakf Tribunal. Application filed by petitioner before Wakf Tribunal for modification of the status quo order having been rejected, petitioner earlier filed writ petition, being WPMS No. 974 of 2014, in which a coordinate Bench of this Court passed interim order on 01.05.2014. The operative portion of the same is extracted below:-

"This is known fact that during Urs large number of donations and offerings are collected, therefore, in the peculiar facts and circumstances of the case, I direct the District Magistrate, Nainital and Senior Superintendent of Police, Nainital shall depute two officers, one not below the rank of Sub Inspector, having faith in Muslim religion, to collect the offerings and donations and to keep and maintain the accounts thereof and deposit the same with Treasury subject to appropriate decision in the pending suit before Waqf Tribunal. Neither petitioner nor respondents shall interfere in the working of two officials appointed by the Collector and Senior Superintendent of Police. Mr. R.C. Arya, learned Standing Counsel for the State of Uttarakhand present in the Court, undertakes to forward the copy of this order to District Magistrate, Nainital and Senior Superintendent of Police, Nainital under the signature of Bench Secretary of this Court during the course of the day. CLMA No. 4240 of 2014 stands disposed of."

Ultimately, the said writ petition was disposed of by the coordinate Bench of this Court vide order dated 15.05.2014. The operative portion whereof is extracted below:-

"Considering the fact that direction has already been issued by this Court preventing the possibility of misuse of the offerings and donations, the order passed by this Court on 01.05.2014 shall remain operative till the disposal of the suit. The writ petition stands disposed of. All pending applications stand disposed of."

It is the contention of the petitioner that the arrangement made by this Court vide order dated 01.05.2014 was in view of pendency of the suit before the Wakf Tribunal and this aspect was clarified by this Court vide order dated 15.05.2014, while disposing of the writ petition. He further contends that since now the suit has been withdrawn, therefore, petitioner, which is duly appointed by the Wakf Board, is entitled to manage the affairs of the Wakf and the Government Officers, who have been appointed pursuant to order of this Court dated 01.05.2014 must handover the keys of the donation box and accounts of the donation, received by them on behalf of committee of management of the Wakf.

Learned counsel for the petitioner has placed reliance on an affidavit, which is given by members of rival group, who have recognized petitioner as "duly appointed committee of management". The said document is annexure No. 10 to the writ petition.

Mr. N.S. Pundir, learned Deputy Advocate General was asked to seek instructions in the matter on 30.11.2017. Today, Mr. Pundir informs the Court that at present there is no dispute regarding management over the wakf property and the suit, which was pending before the Wakf Tribunal has been dismissed as withdrawn on 02.02.2016.

In such view of the matter, this Court is of the opinion that the interim arrangement made by this Court vide order dated 01.05.2014 must come to an end and the duly appointed committee of management must be given full control over the affairs of the Wakf.

Accordingly, the writ petition is disposed of with liberty to the petitioner to approach the District Magistrate, Nainital within ten days from today. The District Magistrate is directed to reconsider the matter and handover the assets and accounts of the Wakf to the petitioner, which undisputedly is a duly appointed committee of management of the Wakf, within two weeks from the date of presentation of certified copy of this order.