Harish Tandon, J. - (1.) This is an application at the instance of a third party to the present proceeding seeking for his addition and intervention in the matter. From the length and breadth of the said application it appears that the applicant entered into a developer agreement on December 5, 1993 with the then mutawalli whose appointment has been subsequently cancelled and an order of cancellation is a subject-matter in a civil suit. The parties unanimously submits that in the said civil proceeding an order of status quo in respect of the possession of the property is passed. The subject-matter of dispute in the original writ petition is an order dated February 3, 2010 by which the State Government directed the Board of Wakf to continue for direct management of the wakf till a decision is arrived under section 65 (1) of the Wakf Act, 1995. The developer in no way can be said to be an interested and/or necessary and/or property party. His presence is not necessary in arriving at an effective and complete adjudication in the instant writ petition. Therefore, the application for addition being GA 1633 of 2010 is dismissed. However, there shall be no order as to costs.
(2.) This writ petition is filed by one of the grand daughter of the original wakif who by executing wakfnama created a WAKF Al-AL-AULAD and also indicated the lineage of mutawalli which would be evident from paragraphs 2 to 7 of the said wakfnama. The wakif has two daughters, who according to the terms of the wakfnama are entitled to be appointed as mutawallis. Paragraph 2 of the said wakfnama provides the appointment of the widow and the two daughters as joint mutawallis till they are alive.
(3.) According to the petitioner the widow and one of the daughters are permanently settled abroad and therefore the other daughter viz., Farkhondeb Khanum was discharging the function of the mutawalli in managing and administering the properties. A proceeding was initiated against the said mutawallis and an order of removal had already been passed.;