HAJI NIZAMUDDIN Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition is directed against the order of the Controller, Sunni Board of Waqfs, Lucknow directing the Collector, Muzaffarnagar to recover possession of the land from the petitioners.

(2.) THERE is a waqf known as Waqf Takia Shah Islam in the district of Muzaffarnagar in respect of some landed property. The waqf property is subject to the administration and control of Sunni Central Board of Waqfs, constituted under the Muslim Waqfs Act, 1960. It appears that Babu Imam Bux, who was an erstwhile Mutawalli of the said waqf granted a lease of the property in question in favour of the petitioners. That lease was renewed in the year 1961. It further appears that the Central Board of Waqfs received information that the property of the Waqf Takia Shah Islam had been let out in an unauthorised manner to the petitioners. The Controller of the Waqf Board issued a show cause notice dated 28th March, 1977 calling upon the petitioners to restore back the possession of the property to the waqf under Section 57-A of the Muslim Waqf Act 1960. Aggrieved, the petitioners filed this writ petition challenging the requisition order of the Collector.

(3.) IN the result, we allow the petition and quash the order of the Controller dated 21st April, 1977 as well as the order of requisition dated 23rd April, 1977. The Board may proceed with the matter afresh in accordance with law after giving personal hearing to the petitioners. The parties shall bear their own costs. Petition allowed.