- (1.) The challenge in these proceedings is to an order dated 30 September 2015 passed by the Shia Central Board of Wakfs(Board), the first respondent, and to a communication dated 14 October 2015 issued by the Administrative Officer by which the third respondent has been designated as a Mutawalli of the Waqf Imambada and Karbala Meer Raza Ali (bearing registration number I-2173).
(2.) On 18 October 1937, Smt. Alia Begum, wife of Haji Syaed Ashiq Hussain, who was a resident of Qasba Pargana and Tehsil Safipur, District Unnao, executed a Waqf Alal-Aulad which was presented for registration before the Sub Registrar and was duly registered. The waqf was registered with the first respondent on 31 March 2007. Under the terms of the waqf deed only a member of the family can be appointed as Mutawalli. From the record of these proceedings, it emerges that there are two waqfs: (i) Waqf Imambada and Karbala Meer Raza Ali (bearing registration number I-2173); and (ii) Waqf Misammat Alia Begum (bearing registration number I-2757).
(3.) On 3 November 2011, the Board issued an order to the effect that it is the duty of the Board to ensure that a Mutawalli is appointed in accordance with the provisions contained in the waqfnama. The order recites that since there is no waqf deed in respect of Waqf Imambada and Karbala Meer Raza Ali, it was not appropriate to appoint a separate Mutawalli in respect of the said waqf. Hence, a decision was taken that in the interest of the waqf and security, it was appropriate that Waqf Imambada and Karbala Meer Raza Ali (I-2173) and Waqf Misammat Alia Begum (I-2757) should be governed by one and the same Mutawalli in future. The third respondent, Mehndi Miya, submitted an application for being appointed as a Mutawalli of Waqf Imambada and Karbala Meer Raza Ali in March 2015. On 6 April 2015, an order was passed by the first respondent rejecting the application. Reliance was placed on the earlier order dated 3 November 2011. While doing so, it was opined that it was appropriate in the interest of the waqf that the petitioner, whose term as Mutawalli had ended, should be appointed for a further period of five years. On 6 April 2015, in implementation of its order, the petitioner came to be appointed for a period of five years as a Mutawalli in respect of both Waqf Misammat Alia Begum (I-2757) and Waqf Imambada and Karbala Meer Raza Ali (I-2173).;