LAWS(ALL)-2009-5-890

WAKF AL AULAD YUSFIA Vs. CONTROLLING AUTHORITY/COMMISSIONER

Decided On May 15, 2009
Wakf Al Aulad Yusfia Appellant
V/S
Controlling Authority/Commissioner Respondents

JUDGEMENT

(1.) THE present Writ Petition under Article 226 of the Constitution of India has been filed by the petitioner, interalia, praying for quashing the judgment and order dated 9.8.2005 (Annexure no. 6 to the Writ Petition) passed by the Controlling Authority / Commissioner, Varanasi Division, Varanasi-respondent no.1 in Revision No. 74 of 2001 under Section 15-A of the U.P. (Regulation of Building Operations) Act, 1958 (hereinafter also referred to as " the Act").

(2.) THE dispute relates to a house being House No. 95-B, Mohalla Alamganj, Jaunpur City. The said house is situated on plot nos. 17/-21,18/-26,19/-9,20/-8,21/-15,22/-12,23/-04,24/05 and 26/14 (herein after referred as "the plots in question ").

(3.) FROM a perusal of the Writ Petition filed by the petitioner, Counter Affidavit filed on behalf of the respondent nos. 4 to 7, Rejoinder Affidavit filed by the petitioner, Supplementary Counter Affidavit filed on behalf of the respondent nos. 4 to 7 and the Supplementary Affidavit filed by the petitioner, the following facts emerge.