MD. IBRAHIM KHAN vs SAYED ANEES AHMED
- Court
- Odisha High Court
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: Senior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 02-Sep-2026 13:27:42
IN THE HIGH COURT OF ORISSA AT CUTTACK
RVWPET NO.182 OF 2026
(An application under Order XLVII Rule I read with Section 114 of the Code of Civil
Procedure, 1908 and the rules of the High Court of Orissa)
*
……
Md. Ibrahim Khan and another Petitioners
-Versus-
1. Sayed Anees Ahmed .…… Opp. Parties
S/o. late Sayed Sahabudin, Somanath Nagar,
th
5 lane, in front of Jamal Raza Masjid,
Berhampur Town, Berhampur, Dist. – Ganjam
2 . Chief Executive Officer , Odisha Board of Wakf,
Old Secretariat, P.O. - Buxi Bazar, P.S. - Cantonment,
Town/Dist. – Cuttack
3. State of Odisha represented through its Secretary,
Law Department, At - Secretariat Building,
Bhubaneswar, Dist. – Khordha
4. Collector, Ganjam , At/P.O. - Chhatrapur,
Dist. - Ganjam
Advocates appeared:
For Petitioners : Mr. Lalatendu Samantaray, Senior Advocate
being assisted by
Mr. Dayanidhi Mishra, Advocate
For Opp. Parties : Mr. Susanta Kumar Baral, Advocate
(For Opp. Party No.1)
CORAM :
MR. JUSTICE K.R. MOHAPATRA
MR. JUSTICE SANJAY KUMAR MISHRA
------------------------------------------------
Heard and disposed of on 31.08.2026
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RVWPET No.182 of 2026
Page 1 of 8
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: Senior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 02-Sep-2026 13:27:42
JUDGMENT
By the Bench;
I.A. No.392 of 2026
1. This matter is taken up through hybrid mode.
2 . There is a delay of four days in filing the Review Petition.
3 . Upon hearing learned counsel for the parties, delay in filing
the Review Petition is condoned.
4 . The IA is disposed of.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
Judge
RVWPET NO.182 of 2026
1. This Review Petition is taken up for final disposal on the
request of learned counsel for the parties.
2. Petitioners in this Review Petition seek review of order
th
dated 8 July, 2026 (Annexure-5) by which, W.P.(C). No.11470 of
2026 was disposed of. They further pray for a direction to declare
th th
the notice dated 29 July, 2026 and subsequent notice dated 4
August, 2026 to be illegal in the eye of law.
3. Mr. Samantaray, learned Senior Advocate appearing for the
Review Petitioners submits that W.P.(C). No.11470 of 2026 was
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RVWPET No.182 of 2026
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: Senior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 02-Sep-2026 13:27:42
filed by the Opposite Party No.1 suppressing the material facts. It
was alleged in the said writ petition that there is no Managing
Committee of Jamia Masjid, Berhampur (for brevity ‘the
Institution’). The tenure of the previous Managing Committee of
th
the Institution expired on 28 February, 2026 and subsequently,
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pursuant to the meeting dated 16 March, 2026, new Managing
Committee has already been constituted, which is in management
of the Institution and its Waqf. However, W.P.(C). No.11470 of
th
2026 was disposed of on 8 July, 2026 by an innocuous order
directing as under:-
“5. Taking note of the submissions made by learned
counsel for the parties, this Court, without expressing any
opinion on the merits of the case of the Petitioner, disposes
of the writ petition with a direction to the Chief Executive
Officer, Odisha Board of Waqf to make over the grievance
petition of the Petitioner as at Annexure-4 to the
Administrator of the Odisha Board of Waqf, Cuttack for
redressal of grievances of the Petitioner . For convenance,
the Petitioner shall also file a copy of the grievance petition
before the Administrator, Odisha Board of Waqf for early
redressal of his grievances. On receipt of such grievance
petition, the Administrator, Odisha Board of Waqf shall do
well to consider and dispose of the same as expeditiously as
possible, preferably within a period of three months from the
date of receipt of the grievance petition and result thereof
shall be communicated to the Petitioner.”
(Emphasis supplied)
4. The Administrator, who is In-Charge of the Chief Executive
Officer, Odisha Board of Waqf, Kataka, without applying its mind,
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issued notice dated 29 July, 2026 (Annexure-6) for constitution of
a new Managing Committee for the management and
administration of the Institution and its Waqfs. Being aggrieved,
Page 3 of 8
RVWPET No.182 of 2026
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: Senior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 02-Sep-2026 13:27:42
the review Petitioners filed W.P.(C). No.24698 of 2026, which was
th
disposed of vide order dated 7 August, 2026 (Annexure-7) with
the following observation :-
“4. After perusal of the aforementioned order dated
08.07.2026 of this Court, it is perceived that the petitioner who
is the Secretary of the Managing Committee has never been
issued with notice or was impleaded as a party before this Court
in the writ petition or before the Waqf Tribunal. It is urged by
Sri Lalatendu Samantaray, learned Senior Advocate that there
has been flagrant violation of principles of natural justice and
deliberate attempt to avoid presence of the petitioner by the
opposite party is tell-tale.
5. Since the Judgment of the Waqf Tribunal came to be
rendered in connection with the direction/order of a co-ordinate
Bench of this Court, after arguing for some time, Sri Lalatendu
Samantaray, learned Senior Advocate sought permission to
withdraw this writ petition with liberty to approach the
appropriate Court with proper application. The memo to that
effect filed in Court today is taken on record.
6. Leave is granted.
7. Accordingly, the writ petition along with pending
Interlocutory Application (s), if any, stands disposed of as
withdrawn with liberty as sought for.”
In view of the observations made by this Court in W.P.(C).
No.24698 of 2026, this Review Petition has been filed.
5. Delay in filing the Review Petition has already been
condoned.
6. It is further submitted by Mr. Samantaray, learned Senior
Advocate that the review Petitioners, who are in management of
the Institution and its Waqf, were not impleaded as parties to
W.P.(C). No.11470 of 2026 filed by Opposite Party No.1 (Review
Petition). The Administrator-cum-Chief Executive Officer also
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RVWPET No.182 of 2026
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: Senior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 02-Sep-2026 13:27:42
could not appreciate that this Court had directed to consider the
grievance of Opposite Party No.1 in accordance with law. Without
providing opportunity of hearing to the review Petitioners, who are
in management of the Institution, the Administrator, vide impugned
notice under Annexure-6, straightway proceeded to reconstitute the
Managing Committee. It is further submitted by Mr. Samantaray,
th
learned Senior Advocate that in the body of the order dated 7
August, 2026 passed in W.P.(C). No.24698 of 2026, the
Coordinate Bench proceeded on a footing that pursuant to the order
passed in W.P.(C). No.11470 of 2026, the Waqf Tribunal rendered
th
a judgment dated 20 July, 2026 pursuant to which, notice was
issued by the Chief Executive Officer, Odisha Board of Waqf,
Kataka for convening a meeting for reconstitution of the Managing
Committee. The subject matter of dispute before the Tribunal was
not constitution/reconstitution of the Managing Committee, but it
was for eviction of the brother of Opposite Party No.1, who was in
unauthorized occupation of the Waqf (the shop room). The said
order was enclosed to W.P.(C). No.24698 of 2026 to bring to the
notice of the Coordinate Bench that being vindictive of order of
eviction of his brother, the previous writ petition, i.e., W.P.(C).
No.11470 of 2026 was filed. He further submits that instead of
th
reviewing the order dated 8 July, 2026 by which W.P.(C).
No.11470 of 2026, a clarification to provide an opportunity of
hearing to the review Petitioners by the Administrator-cum-Chief
Executive Officer, Odisha Board of Waqf, Kataka before taking a
Page 5 of 8
RVWPET No.182 of 2026
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: Senior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 02-Sep-2026 13:27:42
decision with regard to reconstitution of the Managing Committee
would serve the interest of justice.
7. Mr. Baral, learned counsel for the Opposite Party No.1
vehemently objects to the submission made by learned Senior
Advocate. It is his submission that the review Petitioners on
receipt of notice under Annexure-6 could have appeared before
the Chief Executive Officer and raised their grievance, if any,
with regard to reconstitution of the Managing Committee.
Instead of doing that, they straightway filed W.P.(C). No.24698
of 2026 before this Court, which created all confusions. He
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further submits that the notice dated 28 February, 2026 and
subsequent minutes of the meeting enclosed to the said letter so
th st
also letter dated 20 March, 2026 as well as reminder dated 31
July, 2026 are afterthought and manufactured to make out a
cause of action in favour of the review Petitioners in W.P.(C).
No.24698 of 2026. He further submits that this Court, while
disposing of W.P.(C) No.11470 of 2026, did not delve into the
merit of the case of the Opposite Party No.1 (Petitioner in the
said writ petition) and directed him to raise his grievance before
the Administrator-cum-Chief Executive Officer, Odisha Board
of Waqf, Kataka. In that view of the matter, the Review Petition
merits no consideration and is liable to be dismissed.
8. Taking note of the submission made by learned counsel for
the parties and on perusal of the record, this Court finds that while
th
disposing of W.P.(C). No.11470 of 2026 vide order dated 8 July,
Page 6 of 8
RVWPET No.182 of 2026
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: Senior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 02-Sep-2026 13:27:42
2026 (as reproduced above), this Court did not delve into the merit
of the case of the Opposite Party No.1.
9. In obedience to the said direction of this Court, the
Administrator-cum-chief Executive Officer, Odisha Board of
Waqf, Kataka issued notice under Annexure-6 to all concerned,
including the Review Petitioners. The Review Petitioners,
instead of raising their objection before the Chief Executive
Officer, filed W.P.(C) No.24698 of 2026 assailing the said notice
and for other consequential relief. Since the Chief Executive
Officer, in obedience to the order passed in W.P.(C). No.11470
of 2026, issued notice under Annexure-6, this Court is of the
view that the order passed therein does not warrant review.
10. Mr. Baral, learned counsel for the Opposite Party No.1, at
this stage, submits that since the Review Petitioners did not
th
respond to the notice dated 29 July, 2026 under Annexure-6, a
th th
subsequent notice was issued on 4 August, 2026 and on 19
August, 2026 a meeting was convened by the Chief Executive
Officer, Odisha Board of Waqf, Kataka. The review Petitioners
have already appeared before the Chief Executive Officer, Odisha
Board of Waqf, Kataka and filed their objection, which is pending
for consideration. Mr. Samantaray, learned Senior Advocate,
however, submits that he has no instruction about the same.
11. In view of the above, this Court, in order to resolve the
dispute between the parties, disposes of the Review Petition with a
Page 7 of 8
RVWPET No.182 of 2026
Signature Not Verified
Digitally Signed
Signed by: ROJALIN NAYAK
Designation: Senior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 02-Sep-2026 13:27:42
direction that the Petitioners, Opposite Party No.1 and all
concerned may appear before the Chief Executive Officer, Odisha
th
Board of Waqf, Kataka on 7 September, 2026 on which date, the
Chief Executive Officer, Odisha Board of Waqf, Kataka shall do
well to give opportunity of hearing to the parties concerned before
taking a final decision for reconstitution of the Managing
Committee of the Institution and its Waqf for proper management
and administration.
12. With the aforesaid observation and clarification, the Review
Petition is disposed of.
Urgent certified copy of the judgment be granted on proper
application.
(K.R. Mohapatra)
Judge
(S.K. Mishra)
Judge
High Court of Orissa, Cuttack
st
The 31 Day of 2026/// Rojalin///
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RVWPET No.182 of 2026