AFSAR JAHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mohd. Arif Khan, learned Senior Advocate as-sisted by Mohd. Sadab Khan, learned counsel for the petitioner, Shri Syad Aftab Ahmad, learned counsel for the respondent-Shiya Central Board of Waqf, Uttar Pradesh, Lucknow, Shri vinod Kumar Gupta, learned counsel for the intervener, learned Standing Counsel for the respondents-State and Shri A.P. Singh, learned Advocate holding biref of Shri R.D. Shahi, learned Advocate.

(2.) By means of the present writ petition, the petitioner has prayed for issuance of a writ in the nature of Certiorari quashing judgment and order dtd. 8/4/1997 as well as the order dtd. 31/12/1974 of the Prescribed Authority and order dtd. 23/4/1976 passed in appeal.

(3.) Factual matrix of the case is that Raja Yasin Ali Khan , Ex Tauluqedar of Devgaon Estate for religion and charitable purpose before 1/5/1959 and dedicated his land in several villages used as Waqf property, but the application for registration of the Waqf was given on 22/11/1959 by Sri Yawar Hussain Khan to the Shiya Central Board of Waqf, U.P., Lucknow. Due to oversight the certificate for registration under Sec. 29 of U.P. Muslim Waqfs Act, Shri Yawar Hussain on 16/6/1971, on which report was submitted by the Secretary of the Board on 19/10/1971 and the certificate under Sec. 29 of the Act was is-sued on 23/3/1973.