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Judgment
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.