Lucknow, Oct 2 (PTI) The Allahabad High Court has held that the Sunni Central Waqf Board cannot, in exercise of its general powers, direct a district magistrate to enter, delete or alter a person’s name in revenue records relating to a Waqf property.
A Lucknow bench of justices Alok Mathur and Amitabh Kumar Rai made the observation while dismissing a petition filed by Shams Tabrez.
The court held that mutation of revenue records has to be carried out strictly in accordance with the procedure prescribed under the Uttar Pradesh Revenue Code.
The petitioner had claimed that the Sunni Central Waqf Board, Lucknow, through an order dated January 13, 2025, removed the name of Qasim Nadeem from Waqf No. 1339 in Pratapgarh and appointed him secretary of its managing committee.
Tabrez sought directions to the district magistrate to give effect to the board’s order by making corresponding changes in the revenue records of the Waqf property.
The petitioner argued that the board was empowered under Section 28 of the Waqf Act to issue directions to the district magistrate.
The state government opposed the plea, contending that mutation of revenue records was governed by the specific procedure prescribed under Section 34 of the Uttar Pradesh Revenue Code.
Pronouncing the verdict, the bench held that where a special law prescribes a specific procedure, general powers cannot be invoked to bypass it.
The court noted that under Section 41 of the Waqf Act, the board could make changes in the Waqf register. However, mutation in revenue records fell within the jurisdiction of the concerned tehsildar, it said.
The bench further observed that under Section 34 of the Revenue Code, the tehsildar was required to consider claims and objections before passing an order on mutation.
The provision did not confer such power on the district magistrate, it added.
Consequently, the DM was not legally bound to carry out mutation merely on the basis of a direction issued by the Waqf board, the court held.
The bench, however, gave the petitioner liberty to approach the competent authority under Section 34 of the Revenue Code for mutation of the revenue records. PTI COR CDN ZMN
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