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Judgment
W.P.(C) no.9765 of 2023 and I.A. no.4506 of 2023
Mr. Rath, learned advocate appears on behalf of petitioner. On query from Court he submits, his client is Secretary of the Managing Committee of Jama Masjid, Bhawanipatra, in district Kalahandi. He submits, notices have been issued. In event the writ petition is not disposed of, there be interim stay on impugned office order dated 23rd March, 2023 appointing opposite party no.3 as administrator.
He submits, the Committee was appointed by office order dated 12th April, 2016 for period of three years. During its tenure, there was no occasion for it to have been superseded by the Board. It continued to function thereafter. Suddenly there has been intervention by the Board to appoint opposite party no.3 as administrator. The order does not have authority of law by any provision in the Waqf Act, 1995. He submits further, impugned office order relies on section 65, which provides for assumption of direct management, when no suitable person is available for appointment as a mutwalli. The provision is clearly not applicable. Hence, the appointment has been made illegally and pending hearing it should be stayed.
Mr. Riaz, learned advocate appears on behalf of opposite party nos. 1 and 2 and files counter with copy served. He draws attention to section 83(2) to submit, petitioner must approach the Tribunal on having raised dispute regarding the office order. Mr. Das, learned advocate appears on behalf of opposite party no.3. He submits, the appointment was not sudden. His client will file counter. For the time being he adopts submissions made by Mr. Riaz. Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State.
Section 83(2) requires, inter alia, a person interested in a waqf aggrieved by an order made under the Act or Rules as may make an application to the Tribunal. Petitioner has chosen to invoke the writ jurisdiction of this Court. His contention is, the order has not been made under any provision in the Act.
Operation of impugned office order will remain stayed till next date of hearing. Mr. Riaz and Mr. Das submit that early date be fixed for hearing. Mr. Das submits further, his client will adopt counter filed by opposite party nos. 1 and 2.
List on 2nd May, 2023. Petitioner is at liberty to file rejoinder on adjourned date, upon advance copy served.
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