KHURSHEED Vs. IST ADDITIONAL DISTRICT JUDGE AND ORS.

JUDGEMENT

(1.) HEARD Counsel for the parties.

(2.) THE afore -captioned writ petitions have been filed against the order dated 27.2.1991 passed by the I -Additional District Judge, Raebareli in Misc. Civil appeal No. 60 & 63 of 1990 whereby the appeals of the petitioners preferred against the order of Collector, Raebareli were dismissed.

(3.) BRIEF facts of the case as averred in the writ petition are that proceedings under Section 49 -B and Section 57 -A of the U.P. Muslim Waqfs Act, 1960 were initiated in respect of the aforesaid plots against Basheer Khan son of Wazeer Khan and Smt. Rajwati wife of Karuna Shanker respectively as the land in question was part of "Dargah of Makhdoon Badruddin Badre Alam" on plot No. 1577, which was divided into plots Nos. 604, 610, 615 to 626 in second settlement while in third settlement, the plots were re -numbered as 911, 922, 924 to 935. In 1947, Muslims of Dalmau constituted an Anjuman Islamia and appointed Hakeem Raghib Husain (opposite -party No. 4) as its Secretary, who applied for its registration and on 9.9.1965, it was registered as public waqf. Ex -intermediary, Hakeem Majeed, on coming to know about the registration, made an application on 20.5.1966 for cancellation of the said registration, which was allowed on 14.1.1968. This order was assailed in writ petition No. 320 of 1963 before the High Court, which was allowed and the order dated 24.1.1968 canceling the registration was quashed. Special Appeal against the judgment and order dated 22.5.1970 of the High Court was also dismissed. Thus, the factum of registered waqf established become final. U.P. Sunni Central Board of Waqfs issued a requisition to the Collector, Raebareli for delivery of possession illegally occupied by certain persons on which the Collector passed the order. Basheer Khan and Smt. Rajwati preferred objections before the Collector but same were rejected on 16.4.1979. Consequently, the appeals were filed by them and other tenure holders, which were allowed on 2.7.1980. Aggrieved by the appellate order, Hakeem Raghib Husain -opposite party No. 4 filed writ petitions No. 2086 of 1980 and 1960 of 1981. It has been pointed out that no writ petition was filed against the judgment passed in appeal filed by Basheer and others and as such it has attained finality.