Haji Rasool Khan Sherani Vs. M.P.State Wakf Board, Bhopal - Court Judgment

SooperKanoon Citationsooperkanoon.com/1042709
CourtMadhya Pradesh High Court
Decided OnDec-07-2012
AppellantHaji Rasool Khan Sherani
RespondentM.P.State Wakf Board, Bhopal
Excerpt:
w.p.no.7563 / 2009 (haji rasool khan sherani ..versus mp state wakf board, bhopal & ors.) 07-12-2012 shri imtiaz hussain, learned counsel for the petitioner. shri saleem rehman, learned counsel for the respondent no.1. shri faiyaz khan, learned counsel for the respondent no.2. shri rajesh chand, learned counsel for the intervener. the learned counsel for the respondent/wakf board submits that the petitioner in the present petition had assailed the order dated 22-5-2009 by which a committee had been appointed to manage the anjuman islahul muslemeen gandhi memorial school, ratlam for a period of three years.it is further submitted that the period of three years is over and, therefore, the petition filed by the petitioner has been rendered infructuous as the impugned order dated 22-5-2009 has outlived its life. the aforesaid aspect is not disputed by the learned counsel for the petitioner. in the circumstances the petition filed by the petitioner is disposed of with liberty to the respondent/board to take up fresh proceedings for appointing a committee of the concerned wakf in accordance with law and the procedure prescribed by law, if they have not already done so. it is further directed that in case the respondent/board has already appointed a new committee, the petitioner would be at liberty to take up fresh proceedings against the same in accordance with law, in case he is so aggrieved and is so advised. with the aforesaid liberty/directions the petition filed by the petitioner stands disposed of. c.c.as per rules. (r.s.jha) judge mct
Judgment:

W.P.No.7563 / 2009 (Haji Rasool Khan Sherani ..versus MP State Wakf Board, Bhopal & ors.) 07-12-2012 Shri Imtiaz Hussain, learned counsel for the petitioner.

Shri Saleem Rehman, learned counsel for the respondent No.1.

Shri Faiyaz Khan, learned counsel for the respondent No.2.

Shri Rajesh Chand, learned counsel for the intervener.

The learned counsel for the respondent/Wakf Board submits that the petitioner in the present petition had assailed the order dated 22-5-2009 by which a committee had been appointed to manage the Anjuman Islahul Muslemeen Gandhi Memorial School, Ratlam for a period of three yeaRs.It is further submitted that the period of three years is over and, therefore, the petition filed by the petitioner has been rendered infructuous as the impugned order dated 22-5-2009 has outlived its life.

The aforesaid aspect is not disputed by the learned counsel for the petitioner.

In the circumstances the petition filed by the petitioner is disposed of with liberty to the respondent/Board to take up fresh proceedings for appointing a committee of the concerned wakf in accordance with law and the procedure prescribed by law, if they have not already done so.

It is further directed that in case the respondent/Board has already appointed a new committee, the petitioner would be at liberty to take up fresh proceedings against the same in accordance with law, in case he is so aggrieved and is so advised.

With the aforesaid liberty/directions the petition filed by the petitioner stands disposed of.

C.C.as per rules.

(R.S.Jha) Judge mct