Amitava Lala, J. - (1.) The petitioner has filed this writ petition with the following prayers: "(i) to issue a writ, order or direction in the nature of certiorari quashing the order dated 16.2.2008 (Annexure No. 9) and also order dated 15.12.2007 (Annexure No. 8) to extend to which it has appointed the respondent No. 2 as the Committee of the Management. (ii) to issue a writ, order or direction in the nature of mandamus commanding the respondent No. 1 to recognize the petitioner No. 1 as duly constituted Committee of Management while declaring the petitioner No. 1 as a valid Motawalli of Waqf No. 611. (iii) to issue any other writ, order or direction as deemed fit in the circumstances of the case. (iii) (sic) to award costs to the petitioners."
(2.) In disposing of a writ petition being Civil Misc. Writ Petition No. 55177 of 2007 (Mohammad Aftab v. State of U.P. and others) a Division Bench of this Court was pleased to pass the following order: "In such circumstances, it is for the U.P. Sunni Central Waqf Board, Lucknow to appoint a fresh committee of Management in accordance with law so that the management of the Waqf is not hampered in any manner. We further provide that since from the will deed it can not be deciphered as to who will constitute the electoral college for holding election of the committee of Management of the Waqf. No provate election can be held by any of the parties. In view of the aforesaid, we dispose of the writ petition with a direction upon the U.P. Sunni Central Waqf Board, Lucknow to take appropriate steps for constitution of a committee of management in respect of Waqf 611 Azamgarh expeditiously, preferably, within 4 weeks from the date of certified copy of this order is filed before the Board, strictly in accordance with law."
(3.) In compliance thereof an order was passed on 15th December, 2007 by Mahboob Ahmad, a Member of the U.P. Sunni Central Waqf Board, Lucknow, who was entrusted to discharge such function pursuant to the direction of the "Since the waqf in question is very important waqf which is under continuous litigation due to some misconception of legal position travelling in the mind of Mohammad Aftab hence it is statutory duty of this Board also to minimise the litigation and to make some healthy arrangement to remove further conflict between the parties. The term of committee of management elected by the society is five years but the State Government has issued a direction to this Board to appoint committee of management/mutawalli for a period of one year only hence to remove the confusion it is made clear that the committee shall be appointed for a period of one year but shall be granted extension after every one year till the committee completes the term as provided in the scheme of administration/bye-laws which is registered under the provisions of Societies of Registration Act. In view of the aforementioned discussions the application of Mohammad Aftab regarding appointment of his committee of management is rejected and the committee headed by Mr. Rizwan as its president, detailed below is appointed for a period of one year. The position of the committee as per annual list is as under: 1. Maulvi Rizwan Ahmad s/o of Qaari Mohd. Usman, r/o Hussainpur Ghosi, Mau Sadar 2. Masud Akhtar s/o Haji Abdul Majeed, r/o Kareemuddinpur, Ghosi, Mau Naib Sadar 3. Mohd. Nasir s/o Haji Abdul Hameed r/o Kareemuddinpur Ghosi, Mau Nazimeala (Secretary) 4. Mohd. Yunus s/o Haji Abdul Gani r/o Kareemuddinpur, Ghosi Mau Naib Nazim 5. Shahid Jamal s/o Haji Khairul Bashar r/o Kareemuddinpur, Ghosi, Mau Khaniz (Treasurar) 6. Haji Azizul Hasan s/o Yaseen r/o Badagaon Ghosi, Mau Member 7. Mohd, Qamaruddin s/o Ahmad Ali r/o Badagaon Ghosi, Mau Member 8. Mohd. Khalid s/o Rafiullah r/o Badagaon Ghosi, Mau Member 9. Amir Ahmad s/o Neyaz Ahmad r/o Badagaon Ghosi, Mau Member 10. Tasleem Ahmad s/o Mohd. Wase Khan r/o Bainswada Ghos Mau Member 11. Khalil Ashraf s/o Mohd. Shafeeq r/o Kareemuddinpur, Ghosi, Mau Member 12. Enul Haque Mohd s/o Rafeeque r/o Kareemuddinpur, Ghosi, Mau Member 13. Haji Fakruddln s/o Ali Akhtar r/o Kareemuddinpur, Ghosi, Mau Member 14. Shabbir Ahmad s/o Mohd. Yahia r/o Kareemuddinpur, Ghost, Mau Member 15. Sakeeullah s/o Abdul Majeed r/o ManikpurAsna Ghosi, Mau Member 16. Dr. Maleeh Asgar s/o Hafeezullah r/o Somareedih Ghosh, Mau Member It is further provided that under Rule 34 of the bye-laws there is provision for appointment of mutawalli with the condition that he shall not be the member of committee of management hence Mr Mohammad Aftab son of Abdul Sattar is appointed as mutawalli for a period of one year with the direction that he shall manage the affairs of the mosque and shall work in consultation with the committee of management appointed above without any interference in the working of the committee which manages the entire waqf properties other than the properties dedicated by Haji Shukrullah. C.E.O. issue orders accordingly.";