No Effective Hearing Taking Place: Allahabad High Court Asks State Govt To Make Appointment To Waqf Tribunal Expeditiously
The matter before the Allahabad High Court emanated from a writ petition challenging an order whereby the appointment of the petitioner as Mutawalli was recalled.
Justice Shekhar B. Saraf, Justice Manjive Shukla, Allahabad High Court (Lucknow Bench)
While considering that no effective hearing has been taking place due to a vacancy in the Waqf Tribunal, the Allahabad High Court has asked the State Government to expeditiously make an appointment to the Tribunal.
The matter before the High Court emanated from a writ petition challenging an order whereby the appointment of the petitioner as Mutawalli was recalled.
The Division Bench of Justice Shekhar B. Saraf and Justice Manjive Shukla noted, “We are also given to understand that there is a vacancy with regard to the Waqf Tribunal in the State of Uttar Pradesh and due to the same, no effective hearing is taking place before the Tribunal.”
“In light of the same, we request the State Government to look into the said issue and make an appointment to the Waqf Tribunal expeditiously, in accordance with law”, the Bench held.
Advocate Faisal Ahmad Khan represented the Petitioner, while Advocate Mohammed Hamza Shamim represented the Respondent.
Factual Background
A writ petition in this case was filed challenging an order whereby the appointment of the petitioner as Mutawalli was recalled. It was the petitioner’s case that he had already approached the Waqf Tribunal under Section 83 of the Waqf Act, 1995. However, as the Tribunal had not been constituted and was not functional, the petitioner approached the Court. The Court’s attention was drawn to the amendment in Section 83 of the Waqf Act which prescribes that in case, there is no Tribunal or the Tribunal is not functioning, the person aggrieved may appeal with the High Court.
The Court refused to entertain the petition under Article 227 of the Constitution but held that the petitioner would be at liberty to prefer an appeal.
Reasoning
On a perusal of the records of the case,the Bench noted that the petitioner had been granted liberty to prefer an appeal before the High Court. However a second writ petition was filed.
“We are not inclined to entertain this writ petition, and accordingly, disposed of the same with liberty granted to the petitioner to act in accordance with the order dated July 29, 2025”, it held.
Considering that there is a vacancy with regard to the Waqf Tribunal in the State of Uttar Pradesh because of which no effective hearing was taking place, the Bench asked the State Government to look into the said issue and make an appointment to the Waqf Tribunal expeditiously.
Cause Title: Faisal Khan v. U.P. Sunni Central Waqf Board Thru. Chief Executive Lko. (Neutral Citation: 2026:AHC-LKO:3750-DB)