Court No. - 9
Case :- CIVIL REVISION No. - 87 of 2004 Revisionist :- Khalilur Rehman & Others Opposite Party :- C/M, Waqf No 434, Takia Jamal Uddinpura & Another Counsel for Revisionist :- M.A. Qadeer,Niyaz Ahmad Khan,Shamim Ahmad Counsel for Opposite Party :- S.N. Singh,A.K. Rai,Bakhtiyar Yusuf,Fateem Ahmad,Sanjeev Singh,V.K. Singh
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the revisionist.
The instant revision had been filed challenging the order dated 16.02.2004, passed by the Waqf Tribunal in Reference No.1 of 1990.
By the order impugned, an order dated 10.05.1990 passed by the U.P. Sunni Central Waqf Board, Lucknow was set aside and the Committee of Sarfaraz Mohammad Hussain was held to be the validly appointed Committee of Management of Waqf No.434, Varanasi. Additionally, the defendants in the proceedings were directed to hand over the management of the Waqf to the committee held validly appointed. It is these very same defendant, who preferred the instant revision.
On the revision being filed, an interim order was initially granted, which was to operate for a period of three months. This interim order was extended on a few occasions but was never extended after 04.10.2004. More than 18 years have elapsed, thereafter.
Today, on the matter being called out, Shri M.I. Faruki had produced a photostat copy of a document dated 04.05.2018 issued by the U.P. Sunni Central Waqf Board, enumerating the members of the Committee of Management, which is managing the waqf on the date, the document was issued.
Comparing the names mentioned in this document produced by counsel for the revisionist with the array of the parties, this Court finds that only the revisionist no.1 is shown to be a member of the Committee of Management managing the waqf on 04.05.2018, namely, Haji Khalilur Rahman s/o Late Safiullah.
Counsel for the revisionist has also stated that Haji Khalilur Rahman, revisionist no.1, passed away yesterday.
Under the circumstances and since there can be no succession to the post of Secretary of the Waqf, this revision has been rendered infructuous by efflux of time and is dismissed as such.
The document produced by counsel for the revisionist be scanned and placed on record.
Order Date :- 31.10.2018 RKM Digitally signed by ANJANI KUMAR MISHRA Date: 2018.10.31 17:15:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad