MOHAMMAD AZKAR HUSSAIN Vs. COLLECTOR OF SHAHABAD

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India, Petitioner No. 1 is the Sajjadanashin of a Khanqah known as Bari Takia, situated in village Chainpur, and petitioner No. 2 is the Bihar Subai Sunni Majlis-e-Awqaf under the Waqf.

(2.) It appears that a notification under the Land Acquisition Act for the acquisition of 25 acres of bakasht lands of Tauzi No. 161/B was made, and an objection was filed by petitioner No. 1 to the acqui- sition on the ground that the lands sought to be acquired belonged to the Waqf and contained mosque and grave-yards. The objection did not succeed and the lands were acquired. Thereafter, an award was made under Section 11 of the Land Acquisition Act, and a notice under Section 12 (2) of the Act was given to the petitioner No. 1 to receive payment on 9-2-1959. The petitioners again unsuccessfully made a representation against the acquisition of the lands, and have now presented this application in this Court for quashing of the acquisition proceedings altogether.

(3.) In support of the application, the first point raised by Mr. Asgar Hussain is that the lands in question contained mosque and grave-yards and should not have been acquired. It, however, appears that, on such objection being raised before the Land Acquisition Officer, he held a local inspection and found the statement made by the petitioner to be absolutely wrong, as the lands in question did not contain mosque or grave-yards. It is contended on behalf of the petitioners that they have stated in this Court on affidavit that there are grave-yards in the lands in question. But the question whether the lands contain mosque or grave-yards or not is a pure question of fact which has been found against the petitioners by the Land Acquisition Officer, and the petitioners are not entitled to challenge the same in this writ application.