- (1.) This petition questions the correctness of the order dated 10.2.2015 and the Office Memorandum dated 20.2.2015, whereby the petitioner's status as Sajjada Nashin of Dargah Hazrat Sheikh Makhdoom Abdul Haque situate in Qasba Rudauli, District Barabanki is sought to be disturbed as alleged by Sri M.A. Khan, learned Senior Counsel. He submits that by virtue of being the Sajjada Nashin of the said Dargah he also can be the Mutawalli of Mosque Arif Mian and in such a situation, the appointment of the respondent No.3 as the Mutawalli of the Mosque by the Chairman of the Waqf Board is unlawful. He contends that as a matter of fact, treating the office of Mutwalli as vacant and then appointing the third respondent is an erroneous exercise of power and the Chairman had no right or authority to question the status of the petitioner as Sajjada Nashin of the Dargah.
(2.) Sri Khan has therefore invited the attention of the Court to the documents relating to the Waqf, Dargah, Hazrat Makhdoom Sheikh Abdul Haque where he claims himself to be the Mutawalli and has also referred to the annuity role indicating that it's renewal and payment having been made the said status of the petitioner as Sajjada Nashin of the Dargah and the consequential right of the petitioner to function as Mutawalli cannot be questioned. He has further invited the attention of the Court to the survey forms that have been filed as Annexure - 3 to the writ petition to contend that the manner, in which the power has been exercised, the Chairman did not have any legal authority to appoint any person or Mutwalli as Waqf, as such the order being illegal the writ petition deserves to be allowed.
(3.) At the very outset, on 26.5.2016, when the matter was heard, the following order was passed by a Division Bench of this Court:- "Mr. Q.H. Rizvi, Advocate has accepted notices on behalf of opposite parties. A preliminary objection has been raised regarding maintainability of the writ petition on the ground that petitioner has no locus standi to maintain this writ petition. Moreover he has a statutory alternative remedy under Section 83 of the Act. An affidavit to that effect may be filed by the opposite parties. List in the first week of July, 2016, as fresh.";