ALIMUDDIN KHAN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record.

(2.) THE petitioner claiming himself to be the Secretary of Waqf Committee No. 184, has preferred this writ petition under Article 226 of the Constitution of India, for issuance of a writ, order or direction in the nature of mandamus commanding the respondents no. 2 and 3 not to dispossess him (waqf committee) except in accordance with law from the disputed aforesaid waqf property.

(3.) THE property in dispute is the premises of a cinema hall known as "Malhar". The case as culled out from the record and submissions of the learned counsel for the petitioner in brief is that earlier the legal possession of the said property was with Sh. Amrat Lal Seth, Smt. Madhu Seth, Smt. Veena Seth etc. (hereinafter referred to as Seth family). This family was running the business of exhibiting cine films in the cinema hall. Later on the said family stopped running the cinema and is now living in New Delhi for last more than 15 years. When some unauthorized persons namely Ramakant and Shiv Kumar Pandey started using its premises for the parking stand of the vehicles for their own wrongful gain, the petitioner moved an application dated 16 -05 -2013 to respondent no. 2 for removal of their unauthorized possession over the said property and handing over its possession to him. On his said application, respondent no. 2 called for a report from the Assistant Survey Commissioner Waqf, who in pursuance thereof submitted his report dated 08 -11 -2013 to the respondent no. 2 in favour of the petitioner. The respondent no. 2 thereafter directed the City Magistrate to take appropriate action who in turn, directed the Inspector Incharge of the police station concerned for immediate removal of the illegal parking stand. It is stated that in compliance of the order of respondent no. 2, after getting the unauthorised possession removed with the help of police the possession of the aforesaid waqf property was delivered to the petitioner by means of a Supurdginama dated 2 -12 -2013 executed by Assistant Survey Commissioner, Waqf. Since then, the petitioner continues to be in its possession. It is further alleged that respondent nos. 2 and 3 under the political pressure now being created by the District President of Samajwadi Party and Member of Parliament namely Sri Mithilesh Kumar, wants to dispossess the petitioner forcibly from the aforesaid waqf property so that its illegal and unauthorized possession may be retained by the Seth family.