"Publicity Oriented Litigation": Delhi HC Rejects Plea For Quashing Of Appointment Of Administrator Of Delhi Waqf Board

The bench of Justice Subramonium Prasad observed, “This Court does not find any reason to quash the appointment of Respondent No.2. It cannot be said that Respondent No.2 is not qualified to be appointed as an Administrator. This Writ Petition is nothing but an abuse of the process of law and is a publicity-oriented litigation.”

The Petitioner Yamin Ali claimed that he is a resident of the ancient city of Mehrauli which now forms part of New Delhi. It was stated that his mother is buried in the graveyard adjacent to the historic Akhoundji Mosque, a property which the Petitioner claimed is a property classified as a Waqf Property with the Delhi Waqf Board. Some portion of which was demolished under authority of Respondent who ought to have protected the mosque as custodian of the Delhi Waqf Board as hence should be removed as the Administrator of Delhi Waqf Board as he has failed in his duty to protect a Waqf Property.

The Court observed that other than stating that the actions of the Respondent are bad, no reason has been given by the Petitioner why the Respondent lacks in qualification to be appointed as an Administrator of the Waqf Board.

“The Petitioner has attempted to give a communal flavour to the actions of Respondent No.2.”, the Court added.

The Court noted that the material on record indicated that the decision for demolition of the structure is referred to in the Minutes of Meeting and it is for the Petitioner to challenge the said Minutes of Meeting and the decision taken therein rather than challenging the appointment of Respondent as an Administrator.

The Court further noted that it is always open for the Petitioner to approach the Waqf Board to challenge the actions of the Administrator or file a petition challenging specific actions in this regard.

The Court said that the Writ Petition is an absolute abuse of the process of law without giving any valid reasons as to why the appointment of Respondent as an Administrator of the Delhi Waqf Board should be quashed.

Accordingly, the Court said that it is not inclined to entertain the present writ petition and is inclined to dismiss the writ petition imposing costs of Rs.10,000/- on the Petitioner to be deposited with the Armed Forces Battle Casualties Welfare Fund.

Finally, the Court dismissed the petition.

Cause Title: Yamin Ali v. Govt. Of NCT of Delhi (Neutral Citation: 2024: DHC: 4346)

Appearance:

Appellant: Adv. Shams Ali

Respondent: ASC Mehak Nakra, Adv. Aditi Kapoor, SC Shobhana Takiar, SC Sanjay Katyal, Adv. Razia and Adv. Kuljeet

Singh, Adv. Yoginder Handoo and Adv.Ashwin Kataria

Click here to read/download Judgment