Allahabad HC Fines UP Shia Waqf Board ₹15,000 for Suppressing Key Facts

Allahabad HC Fines UP Shia Waqf Board ₹15,000 for Suppressing Key Facts

The Allahabad High Court has imposed a cost of ₹15,000 on the Uttar Pradesh Shia Central Waqf Board for concealing crucial information in a revision petition involving a residential house and an Imambara in Bareilly.

Justice Jaspreet Singh observed that any party guilty of suppressing material facts can be removed from the litigation process at any stage. "Such conduct on the part of the revisionist cannot be appreciated," the Court remarked.

The case dates back to 1934 when Nawab Mohammad Hussain Khan created a waqf for 17 shops adjacent to his residence (Kothi), which also included an Imambara. After his death, his daughter Nawab Anwar Jahan Begam challenged the validity of the waqf deed. In 1952, a civil court declared the waqf null and void, a decision upheld in appeal in 1964.

Despite this, the Waqf Board in 2015 appointed Mutawallis (caretakers) for the properties, claiming that the court ruling only applied to the shops, not the house or Imambara. This was contested by the Nawab’s grandson, Nawab Tahawwur Ali Khan, before the UP Waqf Tribunal, which in April 2024 quashed the Board’s decision.

However, the Board continued to assert control over the property and wrote to the Bareilly District Magistrate. Following this, the Assistant Waqf Commissioner directed the Nawab’s heir, Huma Zaidi, to halt any construction or demolition.

Zaidi challenged the directive before the Allahabad High Court, which stayed the official’s order in January 2025. But in February, the Waqf Board filed a revision petition before the Lucknow Bench, failing to disclose the earlier High Court stay order in Zaidi’s case.

Calling it a clear case of suppression, the Court dismissed the revision plea and also held that the Board had no authority to appoint Mutawallis in 2015 since the 1952 verdict declaring the waqf invalid had already attained finality.

The Court dismissed the petition with a cost of ₹15,000, to be deposited with the State Legal Services Authority within two weeks.

Advocate Saiyed Afzal Abbas Rizvi appeared for the Waqf Board, while advocates Mohammad Tariq Saeed, Mohd Kashif Iqbal, Mohd Altaf Mansoor, and Tanay Chaudhary represented the opposing party.

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