MOHAMMAD RASHID Vs. DY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri C.K. Rai for the petitioners and Sri Ram Niwas Singh for the respondents. The writ petition has been filed against the order of Assistant Settlement Consolidation Officer dated 11.12.2006 and 30.5.2009 and Deputy Director of Consolidation dated 2.9.2013 by which, the order of Assistant Settlement Consolidation, Officer dated 4.3.1987 was set aside and the appeal was restored to its original number and the recall application filed by the petitioners has been dismissed and the revision filed by the petitioners has also been dismissed.

(2.) Sheikh Kayamuddin (ancestor of the respondents-7 to 10) created a private Waqf by the Waqf deed dated 1.2.1924. In the year 1971, Mehdi Hasan filed Civil Suit No. 370 of 1971 for cancellation of the Waqf deed dated 1.2.1924. On the basis of a compromise dated 9.12.1987 the civil suit No. 370 of 1971 was decreed and the Waqf deed was cancelled. Simultaneously, the dispute relating to the properties recorded in the name of Waqf was also raised before the consolidation authorities and the objection filed by the petitioners was dismissed by Consolidation Officer. The petitioners filed two appeals (registered as Appeal Nos. 71/24 and 72/12) from the order of Consolidation Officer before the Settlement Officer Consolidation. Mohammad Amin, Mehadi Hasan and Mukhtar Ahmad entered into compromise in this appeal on 28.2.1987. It may be mentioned that Sunni Waqf Board, U.P. was also arrayed as respondent-3 in the appeal but the compromise was neither signed by any officer of Sunni Central Waqf Board, U.P. nor any permission has been taken for entering into compromise as required under section 69 of Muslim Waqf Act, 1960. The Assistant Settlement Officer, Consolidation, however, decided the appeals in terms of the compromise by order dated 4.3.1987. Sunni Central Waqf Board, U.P. filed an application dated 27.7.2006 for recall of the order of Assistant Settlement Officer, Consolidation dated 4.3.1987. Sunni Central Waqf Board, U.P. has also filed an application before the Civil Court (registered as Miscellaneous Case No. 231 of 2006) for setting aside the decree dated 9.12.1987 and restoring the suit to its original number. The Civil Judge (Junior Division), Azamgarh by order dated 15.12.2010 allowed the application and set aside the decree dated 9.12.1987. The order dated 15.12.2010 has been challenged in Civil Revision No. 44 of 2011 which has been dismissed by order dated 22.7.2011. It is alleged that some writ petition has been filed in the year 2011 against the aforesaid order which is pending before this Court.

(3.) The application moved by Sunni Central Waqf Board, UP was heard by Assistant Settlement Officer, Consolidation, Azamgarh, who by order dated 11.12.2006 allowed the application condoned the delay and set aside the order dated 4.3.1987 and restored the appeals to their original numbers. The petitioners filed two recall applications for recall of the order dated 11.12.2006 which were rejected by Assistant Settlement Officer, Consolidation by orders dated 30.5.2009. The petitioners filed a revision (registered as Revision No. 685) from the aforesaid order which has been dismissed by order dated 2.9.2013. The consolidation authorities found that although Sunni Central Waqf Board U.P. was party in the appeal but the compromise was neither filed by it nor any prior permission has been taken for entering into the compromise. Accordingly, the order passed on the basis of compromise were illegal. Hence, this writ petition has been filed.