SAHDEV SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Brij Raj Singh, learned Counsel for the Petitioner, learned Standing Counsel for the State-Respondents and Sri L.R. Khan, learned Counsel for the contesting Respondent.

(2.) The relief sought in this writ petition is a writ, order or direction in the nature of certiorari quashing the order dated 7.2.2007 (contained in Annexure-7) passed by Respondent No. 2 and notice dated 11.1.2008 (Annexure-8) issued by Respondent No. 3 under Section 52 of the Waqf Act, 1955 (for short, the Act), and also a direction to the Respondents not to dispossess the Petitioner from plot No. 939, situate in village Kusmara, tehsil Bhogaon, district Mainpuri.

(3.) It is the contention of the learned Counsel for the Petitioner that the Waqf Board has issued a notice purported to have been issued under Sub-section (1) of Section 51 of the Act, contending that the property belongs to the waqf and, consequently, the second Respondent (Chairman, U.P. Sunni Central Waqf Board, Lucknow) passed an order under Sub-section (2) of Section 52 of the Act. The net result of these proceedings was to the effect that the Petitioner would be dispossessed from the property in dispute and the property would be declared to be a waqf property.