S Q AHMAD ZAIDI Vs. DISTRICT JUDGE MEERUT

JUDGEMENT

(1.) S. U. Khan, J. At the time of arguments no one had appeared on behalf of respondents Waqf Board hence only the arguments of learned Counsel for petitioner were heard.

(2.) PETITIONER purchased the agricultural property in dispute through registered sale-deed dated 13-5- 1971. After 12 years i. e. on 5-7-1983 Shia Central Board of Waqf U. P.-respondent No. 3 issued notice to the petitioner for his eviction from the property in dispute under Section 49-A of U. P. Muslim Waqf Act, 1960 (since repealed by Waqfs Act, 1995 ). PETITIONER filed objections before Waqfs Board. Thereafter through a detailed order Waqf Board directed for issuance of requisition to Collector for taking possession. Collector under Section 49-B read with Section 57-A of U. P. Muslim Waqf Act, 1960 in pursuance of the said requisition issued the consequent order of dispossession which was alleged to be served upon the petitioner through his attorney on 28-5-1984. Against the said order petitioner filed Misc. Appeal No. 184 of 1984 before District Judge, Meerut under Section 49-B (4) read with Section 57- A of Waqf Act, 1960.

(3.) LEARNED Counsel for the petitioner has argued that the points raised by the petitioner before appellate Court should have been decided by it. In this regard reference has been made to Smt. Amina Khatoon v. IIIrd A. D. J. , Farrukhabad, 1987 A. L. J. 1282. The said authority supports the contention of the learned Counsel for the petitioner. Para-5 of the said authority is quoted below: "further it is apparent from sub-section (2) of Section 57-A that in substance the appeal that is provided to the aggrieved person is against the action of the Board in sending a requisition to the Collector to obtain and deliver possession of the property and not merely the action of the Collector in executing the requisition. Consequently, all questions legitimately arising in an appeal against the action of the Board including the question whether the occupation of the person proceeded against by the Board is lawful can be investigated in an appeal by the District Judge. Indeed there would be no point in providing for an appeal to the District Judge, which is a Court of Justice and law if the only intention were to confer a limited power on the appellate Court to examine whether a requisition has in-fact been issued by the Board. "