TASLEEM HASAN KHAN Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Short rejoinder affidavit filed today in the Court is taken on record. Heard Shri Pradeep Kumar Tiwari, learned counsel for the petitioner, Shri Shailendera Kumar Singh, learned Chief Standing Counsel assisted by Shri Hemant Pandey, learned Standing Counsel, Sri Praful Kumar Yadav, Additional Chief Stnding Counsel and Sri Dhirendra Singh, Standing Counsel for the State, Shri Farhan Habib, learned counsel for respondent No. 5 and Shri Pankaj Gupta, learned counsel for the Gaon Sabha.

(2.) By means of the instant petition, the petitioner has assailed the order dtd. 5/2/2020 passed by the Additional Commissioner in Case No. 02328 of 2018 (Gaon Sabha v. Waqf Abdul Razzak and others) under Sec. 219 of the U.P. Land Revenue Act, 1901 (herein-after referred to as the 'Act, 1901') and further the order dtd. 27/9/2023 passed by the Board of Revenue in Revision No. 501 of 2020 under Sec. 219 of the Act, 1901.

(3.) Submission of learned counsel for the petitioner is that Waqf Abdul Razzak was having the property in question since 1890 as the Waqf itself was created in 1890 and the land in question was recorded in the name of Waqf Abdul Razzak up till 1951. He added in 1952 the land was vested with the State Government, though the petitioner was never given any opportunity to be heard and as soon this fact came into knowledge of the petitioner in the year 2010, then an application under Sec. 33/39 was moved by the petitioner, which was entertained and decided by the Sub-Divisional Officer, Sadar, Philibhit vide order dtd. 13/8/2010, wherein the entries with respect to the Gata No. 52 bearing area 3.554 hectare was directed to be entered/corrected in the name of the petitioner. He submits that a detailed order was passed by the Sub-Divisional Officer considering the report of the then District Government Advocate (Revenue), Philibhit.