Mohd Yasir & vs Abdul Moeed & Ors.

Sanjeev Sachdeva, J

This is a petition seeking direction to respondent No.6/Delhi Waqf Board to dispose of the complaint dated 06.08.2021, filed by the petitioner seeking an enquiry to be conducted under Sections 70 and 71 of the Waqf Act, 1995 into the alleged mismanagement and affairs of Hamdard Dawakhana Waqf.

Learned counsel appearing for Delhi Waqf Board submits that Hamdard Dawakhana Waqf is not a waqf under the Wakf Act and has been so declared by judgment dated 23.12.2011 in CS (OS) 116/1972, titled Indian Institute of Islamic Vs. Delhi Wakf Board.

Learned counsel further submits that the appeal against the said judgment has also been dismissed and no further proceedings were initiated by Delhi Wakf Board and the order has become final.

Learned counsel further points out that the issue was also considered by the Supreme Court in Hammad Ahmed Vs. Abdul Majid & Ors. (2019) 14 SCC 1 wherein the Supreme Court has referred to the above referred judgment and declined to interfere with the same on the ground that Hamdard Dawakhana Waqf was not a true waqf despite its name and would be governed purely by the Trust Deed.

In view of the above, since there is a finding of a civil court, categorically holding that Hamdard Dawakhana Waqf is not a waqf, no direction can be issued to respondent No.6 to conduct an enquiry in the administration of the Hamdard Dawakhana Waqf in terms of Sections 70 and 71 of the Waqf Act, 1995.

I find no merit in the petition. The petition is accordingly dismissed.