SALMA PARVEEN Vs. UTTARAKHAND WAQF BOARD

JUDGEMENT

(1.) THE aforesaid two petitions are of similar nature as they pertain to the orders of the Uttarakhand Waqf Board/respondent no. 1, which are on similar issue and are being disposed of by a common order.

(2.) IN the Writ Petition No. 210 of 2009, the petitioner has challenged the validity of the order dated 14 -1 -2009 and 20 -1 -2009 passed by the respondent no. 1 (contained as Annexure No. 1 and 2 to the writ petition respectively) under Section 52 of the Waqf Act, 1995 (from hereinafter referred to as the Act).

(3.) THE case of the petitioner is that her (sic, she) had purchased a property at Haldwani from one Mr. Adnan Samad, who has been impleaded as respondent no. 13 in the writ petition. However, the petitioner has received a notice from Waqf Board on 7th July, 2008 under Section 52 of the Act stating that the property, which has been purchased by the petitioner is a Waqf Board i.e. 22 -7 -2009 whereby the petitioner was asked to explain his conduct. However, the petitioner received an order on 30th January, 2009, which was dated 14th January, 2009 passed by the respondent no. 1, which is annexed as Annexure No. 1 to the writ petition, whereby the property purchased by the petitioner has been declared as a waqf property and a copy of the order has also been sent to the District Magistrate under Section 52 of the Act to take subsequent action thereon. The said order has been passed under Section 52 (1) of the Act and a request has been made to the Collector within whose jurisdiction the property lies to obtain and deliver the possession of the said property to the Waqf Board. The petitioner has challenged this order before this Court by means of the writ petition.