Court Disposes Petition, Urges State Government to Address Tribunal Vacancy Promptly
In a significant move addressing the backlog of cases related to Waqf properties in Uttar Pradesh, the Allahabad High Court has directed the state government to expedite appointments to the Waqf Tribunal. This directive came as the court disposed of a writ petition filed by Faisal Khan against the U.P. Sunni Central Waqf Board. The petition challenged the recall of Khan's appointment as Mutawalli under the Waqf Act, 1995.
The bench, comprising Justices Shekhar B. Saraf and Manjive Shukla, highlighted the non-functional status of the Waqf Tribunal in Uttar Pradesh, which has stalled effective hearings of disputes. The court noted that the petitioner, Faisal Khan, had initially approached the Waqf Tribunal as required under Section 83 of the Waqf Act, 1995. However, due to the absence of a functioning tribunal, Khan sought relief from the High Court.
In its order dated January 19, 2026, the High Court reaffirmed an earlier decision granting Khan the liberty to appeal directly to the High Court in the absence of a functional Waqf Tribunal. The court dismissed the current petition, emphasizing the need for Khan to follow through with the prescribed legal recourse.
The court also took a proactive stance by instructing the Senior Registrar to communicate the need for prompt appointments to the Waqf Tribunal to the state government. The judges underscored the importance of a functional tribunal for the effective resolution of Waqf-related disputes, urging the government to address the vacancy swiftly.
This judgment underscores the critical role of judicial and administrative bodies in ensuring timely justice and the importance of operational tribunals in the legal process. The decision is expected to bring attention to the administrative gaps affecting the adjudication of Waqf disputes in the state.
Bottom Line:
Writ petition challenging the recall of appointment as Mutawalli under Waqf Act, 1995 - Petition disposed of with liberty to prefer an appeal before the High Court as per Section 83 of the Act in absence of a functioning Waqf Tribunal - Direction to the State Government to expedite the appointment to the Waqf Tribunal.
Statutory provision(s): Waqf Act, 1995 Section 83, Article 227 of the Constitution of India
Faisal Khan v. U.P. Sunni Central Waqf Board, (Allahabad)(Lucknow)(DB) : Law Finder Doc id # 2842739
