- (1.) Petitioners, who are five in number, are before this Court assailing the validity of order dated 27.04.2016 passed by Chairman, U.P. Sunni Central Waqf Board, Lucknow (respondent No.2) and the office memorandum dated 28.04.2016 issued by Assistant Secretary, U.P. Sunni Central Waqf Board, Lucknow, proceeding to suspend the petitioners from performing and discharging their duties as office bearers and Members of the Committee of Management of Waqf Nos. 13, 26, 208 and 344 Varanasi.
(2.) Brief background of the case is that the waqf Nos. 13, 26, 208 and 344 are the Waqf-alal-khair duly recorded in the register of waqf maintained by the U.P. Sunni Central Waqf Board under the provisions contained in section 37 of Waqf Act, 1995. Over waqf Nos. 13 and 26 immovable properties of the waqf are situated and over waqf No. 208 weavers market is situated upon the first floor a Madarsa named as Dairatul Islah-Chiragh-E-Uloom is situated, which is recognised institution and receiving grant-in-aid from the State Government. Over waqf No.344 Mosque and Eidgah is situated and for the benefit of the Mosque, the properties of other three waqf has been dedicated. U.P. Sunni Central Waqf Board, in exercise of powers conferred by virtue of Section 63 of Waqf Act, 1995, appointed a Committee of Management for the management of Waqf Nos. 13, 26, 208 and 344 Varanasi vide order dated 17.07.2013.
(3.) Petitioners submit that upon the building belonging to Waqf No. 208, a Madarsa has been established and at all point of time endeavour has been to raise the income of the waqf. Petitioners submit that the dispute arose when the shop No.12 of the market situated upon the waqf property belonging to waqf No.208 was vacated by its tenant namely Mr. Shamshuddin in the month of December 2013 and Ghulaam Muneer-respondent No.5 without any resolution of the Committee let out the same to his brother namely Sulaiman Akhtar from January 2014 and received three months advanced rent. This act and conduct of the Ghulaam Muneer-respondent No.5 was opposed by the other members of the Committee of Management including Maulana Rizwan Ahmad-petitioner No.1 in the capacity of Secretary of the Committee. Petitioners submit that further Ghulaam Muneer has got appointed his daughter namely Rizwaana Khatun in the Madarsa by misusing his office on temporary basis and thereafter built the pressure to substantively appoint her as the Assistant Teacher since the Madarsa is receiving grant-in-aid from the State Government. Petitioners have contended that they have resisted the said illegal activities of Ghulaam Muneer, who was not at all acting in the interest of waqf, and thereafter a complaint dated 29.10.2015 has been moved under Section 67 of the Waqf Act, 1995. Petitioner submits that based on the said complaint, inquiry in question has been got conducted and Circle Inspector submitted his final report on 15.02.2016 and he opined that there is serious differences between the office bearers of the Committee, therefore, the waqf has not been managed properly and as such the Committee may be removed in exercise of powers contained in Section 67(2) of the Waqf Act, 1995 and it was further recommended that till the final order of supersession is passed by the Board, the petitioner No.1 may continue to realize the rent by staying the order dated 29.01.2016 and the aforesaid report was duly approved by the Chairman of the Board on 02.03.2016. In pursuance to the order of the Chairman dated 02.03.2016, an office memorandum was issued on 03.03.2016 whereby the earlier order dated 29.01.2016 was stayed and the petitioner No.1 was permitted to manage the waqf as was being previously done and also he was authorized to realize the rent from the waqf property. In pursuance to the order of the Chairman dated 02.03.2016, a show cause notice was issued to the Committee under Section 67(2) of the Act seeking the supersession of entire Committee and in pursuance to the show cause notice the petitioners have submitted their reply which was duly received in the office of the board on 23.04.2016. Ghulaam Muneer and other office bearers and members of the Committee have also submitted their explanation to the show cause notice dated 10.03.2016. After reply has been submitted, Circle Inspector proceeded to consider explanation and submitted further report on 27.04.2016 recommending therein that instead of removing the entire committee only petitioner and other members be removed and in the meantime the petitioner be restrained from managing the waqf in question. Petitioners submit that thereafter instead of taking final decision in the matter, the petitioners have been restrained from managing the waqf as an interim measure and order impugned dated 27.04.2016 has been passed and consequent to the same Office Memorandum dated 28.04.2016 has been issued and same has impelled the petitioner to be before this Court.;