Management Committee Wakf Dargah Zinda Shah Wali Katangi Jabalpur vs State Of Madhya Pradesh And Others

Nandita Dubey, J

Petitioner is aggrieved by the order dated 16.12.2021 (Annexure P/1) passed by Chief Executive Officer of M.P. Wakf Board, Bhopal appointing a

new management committee for Wakf Dargah Hazrat Jinda Shah Wali Gram Katangi, Tehsil Patan, District Jabalpur. 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 High Court in W.P. No.13524/2021 (Javed Akhtar Vs. The State of Madhya Pradesh and others).

Issue notice to the respondents, on payment of process fee within three days by registered AD post.

Notice be made returnable within four weeks.

By way of interim measure, it is directed that till next date of hearing, operation of the impugned order dated 16.12.2021 shall remain stayed.

List this matter along with W.P. No.26197/2021.

Certified copy as per rules.