- (1.) HEARD Sri. Manish Goyal along with Sri. Punit Kumar Gupta for the petitioner, Sri. S.M.A. Kazmi, learned Senior Counsel and former Advocate General along with Sri. Y.K. Srivastava for the State of U.P., Sri. Mahboob Ahmad along with Sri. Bakhteyar Yusuf for the respondent Nos. 2, 3 and 4 and Sri. N.A. Khan, Advocate for the respondent No. 5. Learned counsel for the respondents do not propose to file any counter affidavits and urge that the matter be decided on the basis of the records itself.
(2.) THE writ petition is being finally disposed of with the consent of the parties in view of the conclusions drawn hereinafter.
(3.) THE petitioner has come up questioning the order passed by the Waqf Board under Sub -section (2) of Section 67 of the Waqf Act, 1995 (hereinafter referred to as the 'Act'), whereby the petitioner Hazi Aqeel Ahmad, who is the Mutawalli of the Waqf has been removed, and the committee has been superseded and replaced with the installation of the respondent No. 5. The contention is that the order of the Board is not in conformity with Sub -section 2 of Section 67 of the Act, and therefore, the same deserves to be set aside. A preliminary objection was raised by the respondents with regard to the maintainability of the writ petition on the ground that such an order is clearly appealable under Sub -section (4) of Section 67 read with Section 83(2) of the Act, and therefore, the petition does not deserve to be entertained.;