The Allahabad High Court (Lucknow Bench) has directed the Uttar Pradesh State Government to expeditiously address the vacancies in the Waqf Tribunal to ensure effective hearings. The direction came while the Division Bench disposed of a writ petition filed by Faisal Khan, declining to entertain the plea on the grounds that the petitioner had already been granted liberty to pursue an appeal in a previous order.
The core issue involved the petitioner’s challenge to the recall of his appointment as Mutawalli. Having previously approached the High Court when the Waqf Tribunal was non-functional, he was granted liberty to file an appeal directly under the amended Section 83 of the Waqf Act, 1995. Instead, he filed a second writ petition. The Division Bench refused to entertain this second petition but, taking note of the administrative paralysis in the Tribunal due to vacancies, directed the State Government to make appointments expeditiously.
Background of the Case
The petitioner, Faisal Khan, had approached the High Court challenging the proceedings related to his appointment as a Mutawalli. The Court noted that the petitioner had previously filed a petition, Matters Under Article 227 No. 4403 of 2025, challenging an order dated October 1, 2024, whereby his appointment as Mutawalli was recalled.
That earlier petition was disposed of by a Single Judge on July 29, 2025. In that order, the Single Judge had observed that under the amendment to Section 83 of the Waqf Act, 1995, an aggrieved person may appeal directly to the High Court if the Tribunal is not functioning. Consequently, the Single Judge had declined to entertain the petition under Article 227 but granted the petitioner liberty to “prefer an appeal, if so advised, in accordance with law.”
Court’s Observations and Analysis
The matter was heard by the Division Bench comprising Justice Shekhar B. Saraf and Justice Manjive Shukla.
The petitioner filed the present writ petition (Writ-C No. 12297 of 2025) despite the earlier direction. Upon perusing the July 29, 2025 order, the Bench observed that the petitioner had already been granted specific liberty to file an appeal.
The Court stated:
“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.”
Direction on Tribunal Vacancies
During the proceedings, the Court was informed about the functional status of the Waqf Tribunal in the State. The Bench noted that the Tribunal is currently unable to conduct effective hearings due to a vacancy.
Addressing this administrative concern, the Court observed:
“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 Court directed the Senior Registrar to communicate the order to the State Government for necessary action.
Case Details
Case Title: Faisal Khan v. U.P. Sunni Central Waqf Board Thru. Chief Executive Lko. And 2 Others
Case Number: WRITC No. 12297 of 2025
Citation: 2026:AHC-LKO:3750-DB
Coram: Justice Shekhar B. Saraf and Justice Manjive Shukla
Counsel for Petitioner: Faisal Ahmad Khan
Counsel for Respondents: Mohammed Hamza Shamim
