- (1.) This is a petition questioning the order passed by respondent No.2 - Shia Central Board of Wakf, Uttar Pradesh, on 22.7.2015 whereby the respondent No.3 has been appointed the Mutawalli of Wakf, Nawab Muzaffar Husain Khan, Ram Narain Bazar, Patkapur, Kanpur, on the ground that the tenure of the petitioner which was for a period of 5 years as Mutawalli under the order dated 2.5.2008 has come to an end.
(2.) The petitioner is the daughter of Late Nawab Syed. Dilawar Husain Rizvi. She along with her father formed a Committee of Mutawallis for managing the said Wakf under order dated 17.3.2004. The petitioner's father is stated to have died on 7.2.2008 as a result whereof the office of Mutawalli had to be filled up and consequently under the order dated 2.5.2008, copy whereof is Annexure-5 to the writ petition, the petitioner was appointed as Mutawalli defining her period to be that of 5 years from the date of issuance of the order.
(3.) The succession to Mutawalliship is governed by the Wakf-deed executed on 6.10.1902, copy whereof is Annexure No.2 to the writ petition. According to the petitioner, the pedigree of creator of the Wakf, which is a Wakf-alal-aulad, is as per the Chart, which has been appended as Annexure No.3 to the writ petition. The petitioner and the respondent No.3 are both reflected in the said pedigree. The petitioner's contention is that female descendants are not excluded and are rather included for being appointed as Mutawalli as per the Wakf-deed itself.;