CHEDDA SINGH Vs. ADDL CIVIL JUDGE MORADABAD

JUDGEMENT

(1.) The prayer of the Petitioners is to quash various orders passed by the authorities under the provisions of the U.P. Muslim Waqfs Act, 1960 (hereinafter referred to as the Act) and follow up orders as contained in Annexures 3 and 4 of Writ Petition No. 3491 of 1977 and Annexure-C-8 to the counter-affidavit of Respondent No. 3.

(2.) Even though the records of this writ petition are bulky, in my view the relevant facts are in a narrow compass.

(3.) Shri G. N. Verma, the learned Counsel appearing on behalf of the Petitioners, submitted as follows : (i) After withdrawal of the earlier suit form the appellate court with liberty to institute a fresh suit on account of alleged technicalities, instead of filing of a fresh suit for declaration of title in regard to the lands in question and for recovery of possession, illegally the provisions of the Act was invoked (ii) The impugned orders were illegally passed even though, as repeatedly laid down by the Supreme Court in Board of Muslims Waqfs v. Radha Kishan, 1979 AIR(SC) 289 and Board of Muslim Waqfs v. Hazi Begum and Ors., 1993 1 SCC 192, that the Jurisdiction under the Waqfs Act cannot be invoked when the other side is a non-Muslim to whom the Act does not apply and accordingly, the impugned orders including the proceedings initiated under the said Act, all are liable to be quashed.