- (1.) Shah Alam is before this Court with following relief:- 1. Issue a writ, order or direction in the nature of certiorari quashing the impugned Notification dated 03.03.2014 issued by the State Government (Annexure-6 to the writ petition) and circular/ Notification of Registrar of High Court dated 13.04.2016 (Annexure-13 to the writ petition) and both be declared to be ultra virus, void, illegal, arbitrary and unenforceable in the eyes of law. 2. Issue a writ, order or direction in the nature of mandamus commanding the Respondent nos. 2 and 3 to constitute Waqf Tribunal in each district including District Meerut. 3. Issue a writ, order or direction in the nature of mandamus directing the Registrar General of High Court of Judicature at Allahabad/Respondent no.4 to withdraw its notification dated 13.04.2016 and not to compel the District Judges to transfer the cases of petitioner from Meerut to Rampur concerning Waqf No. 50-A, Meerut and cases pending before Waqf Tribunal, Meerut be heard and decided at Meerut. 4. Issue a writ, order or direction in the nature of mandamus commanding the Waqf Tribunal, Rampur not to proceed further with hearing of Waqf Case No. 19 of 2016, Reference No. 55 of 2015, Reference No. 54 of 2016 and Reference No. 53 of 2016 respectively.
(2.) Petitioner is submitting that in reference of waqf property, following four cases of his pending at Meerut would be transferred to Rampur namely. 1. Reference No. 901 of 2000 under Section 83(2) of the Waqf Act No. 43 of 1995, regarding Waqf No. 50-A Meerut of which the petitioner is Mutawalli and is Defendant No. 5. 2. Reference No. 772 of 2010 filed by Smt. Shahida Begam in respect of some of the properties of the Waqf No. 50-A, Meerut of which the petitioner is Mutawalli and Defendant No.5. 3. Reference No. 6 of 2013 filed by Dr. Badre Alam in which the petitioner is Respondent no.3 and is Mutawalli of Waqf No. 50-A, Meerut. 4. Reference No. 11 of 2014 filed by Waqf Alal Aulad through its alleged Mutawalli Mohammad Muttaqi Alvi of which the petitioner is Mutawalli in which the petitioner filed Application for his impleadment under order 1 Rule 10 C.P.C. Which is pending disposal.
(3.) Petitioner submits that Waqf Act, 1995 came into force with effect from 01.01.1996. By Section 3(q), the Tribunal is defined as the Tribunal constituted under sub-section (1) of the Section 83 of the Act having jurisdiction in relation to that area. Section 84 confers power to the Tribunal to decide and determine dispute, questions or other matters relating to a waqf property and decide the proceeding as expeditiously as possible. Petitioner submits that Section 83 confers power to the State Government to constitute Tribunals. In the original Act, Section 83 provides for constitution of Tribunal consisting of only one person. Sub-section 4 of Section 83 as it stood under the original Act is quoted herein below:- "(4) Every Tribunal shall consist of one person,who shall be a member of the State Judicial Service holding a rank, not below that of a District, Sessions or Civil Judge, Class and the appointment of every such person may be made either by name or by designation".;