'No Effective Hearing Taking Place': Allahabad High Court Asks UP Govt To Fill Waqf Tribunal Vacancy

The Allahabad High Court (Lucknow Bench) has requested the Uttar Pradesh Government to expeditiously fill vacancy in the Waqf Tribunal, as it noted that no effective hearings are taking place due to the existing vacancies. A bench of Justice Shekhar B Saraf and Justice Manjive Shukla passed the order on Monday while disposing of a writ petition filed by one Faisal Khan. The Bench, however, declined to entertain prayers in the petition on the grounds that the petitioner had already been granted liberty by a Single Judge to prefer an appeal regarding his grievances. The matter concerned a dispute over the appointment of a Mutawalli. The petitioner (Faisal Khan) had previously approached the HC under Article 227, challenging an order recalling his appointment as Mutawalli. Dealing with his plea, the Single Judge, in July 2025, noted the petitioner's submission that he had approached the Waqfs Tribunal under Section 83 of the Waqf Act, 1995, however, since the Tribunal was not functional, he had moved the HC. On the other hand, the UP Sunni Central Waqf Board referred to the amendment to Section 83 of the Waqf Act, 1995, which states that, in the absence of a Tribunal or if the Tribunal is not functioning, the aggrieved person may appeal directly to the High Court. Consequently, the Single Judge had declined to entertain the petition under Article 227 in view of the bar but had granted the petitioner liberty to prefer an appeal, if so advised, in accordance with law. Despite this, the Petitioner, instead of filing an appeal, filed a second writ petition before the Division Bench. Noting that a second writ petition has been filed instead, the Division Bench refused to entertain the writ petition. However, it granted liberty to the petitioner to act in accordance with the Single Judge's order. While the Court declined to entertain the petition on its merits, it noted that there is a vacancy in the Waqf Tribunal in the State of Uttar Pradesh, and, as a result, no effective hearing is taking place before the Tribunal. In light of the same, the bench requested the State Government to look into the said issue and make an appointment to the Waqf Tribunal expeditiously, in accordance with the law. To ensure compliance, the Senior Registrar of the High Court was directed to communicate the order to the State Government. The petition was disposed of with these directions. Case title - Faisal Khan vs. U.P. Sunni Central Waqf Board Thru. Chief Executive Lko. And 2 Others 2026 LiveLaw (AB) 38Case citation : 2026 LiveLaw (AB) 38Click Here To Read/Download Order

'No Effective Hearing Taking Place': Allahabad High Court Asks UP Govt To Fill Waqf Tribunal Vacancy

Sparsh Upadhyay

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