Waqf board has right to auction agri land on lease, says HC
waqf board
has the right to auction agricultural waqf land on lease while dismissing a petition challenging the auction process of agricultural land by the waqf board.
The petition, filed by Amirt Azad Ansari and other litigants, challenged the auction of lease rights on agricultural waqf land by the waqf board. They argued that the auction notice was signed by the CEO of the waqf board, but the incumbent CEO is not a regular CEO, only an acting CEO, and she is not entitled to put the lease rights of the land on auction. Additionally, according to the circular of the religious trust and endowment department, the auction can only be conducted by the Mutvalli.
The bench of Justice Vivek Agarwal and Justice Vivek Jain, however, held that Dr Farzana Ghazal, a professor of Urdu at Hamidia College in Bhopal, was appointed the CEO of the waqf board after delegating her services to the minority welfare department. The word 'Asthayi' (temporary) used in her appointment order has a context; it means she is appointed to the post for three years of her deputation and not that she is an acting CEO, as the petitioners sought to interpret.
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She is a Muslim and also a gazetted officer equivalent to the post of deputy secretary.
The waqf lease right rules, 2014, have been changed, and in rule 4, the word 'Mutvalli' has been replaced by "Mulvalli or Board." Therefore, the waqf board has the right to carry out the auction process for lease rights of agricultural land.
Bhopal/Jabalpur: A division bench of the MP high court said that the waqf board has the right to auction agricultural waqf land on lease while dismissing a petition challenging the auction process of agricultural land by the waqf board.
The petition, filed by Amirt Azad Ansari and other litigants, challenged the auction of lease rights on agricultural waqf land by the waqf board. They argued that the auction notice was signed by the CEO of the waqf board, but the incumbent CEO is not a regular CEO, only an acting CEO, and she is not entitled to put the lease rights of the land on auction. Additionally, according to the circular of the religious trust and endowment department, the auction can only be conducted by the Mutvalli.
The bench of Justice Vivek Agarwal and Justice Vivek Jain, however, held that Dr Farzana Ghazal, a professor of Urdu at Hamidia College in Bhopal, was appointed the CEO of the waqf board after delegating her services to the minority welfare department. The word 'Asthayi' (temporary) used in her appointment order has a context; it means she is appointed to the post for three years of her deputation and not that she is an acting CEO, as the petitioners sought to interpret.
She is a Muslim and also a gazetted officer equivalent to the post of deputy secretary.
The waqf lease right rules, 2014, have been changed, and in rule 4, the word 'Mutvalli' has been replaced by "Mulvalli or Board." Therefore, the waqf board has the right to carry out the auction process for lease rights of agricultural land.
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