Sudhir Agarwal, J. - (1.) WRIT petition is directed against the order dated 14.7.1988 passed by President, Uttar Pradesh Sunni Central Board of Waqfs, Lucknow (hereinafter referred to as "Waqfs Board") purported to be under Section 57 -A of Uttar Pradesh Muslims Waqfs Act, 1960 (hereinafter referred to as "Waqfs Act, 1960") observing that petitioners are unauthorized occupants of the premises which is a waqf property, namely, Waqf No. 179, Jhansi situated at Mohalla Itwariganj, Jhansi known as Waqf Qabristan, Ganj Shahidan and deciding to send a requisition to the Collector, Jhansi to recover possession of the said property and restore it to Waqfs Board through its Secretary of Committee of Management; consequential order dated 24.11.1988 issued by Collector, Jhansi requiring the petitioners to hand over possession of property in dispute failing which eviction proceedings under Rule 7 of Uttar Pradesh Muslims Waqfs (Recovery of Waqf Property) Rules, 1972 (hereinafter referred to as "1972 Rules") would be initiated, and, lastly appellate order dated 7.2.1991 passed by Special Judge (E.C Act)/ Addl. District Judge, Jhansi, rejecting appeals of petitioners.
(2.) FACTS in brief giving rise to the present dispute are as under. Petitioner no. 1 purchased a residential plot measuring 20X45 ft. part of plot no. 2902 (3902) situated at Mohalla Itwariganj, Jhansi from Sri Luxmi Narain vide sale deed dated 14.11.1977. Another plot at the same premises was purchased by wife of petitioner no. 2 and petitioner no. 3 vide two separate sale deeds dated 31.10.1977 and 24.11.1977. Wife of petitioner no. 4 similarly purchased another piece of land measuring about 695 sq. ft. from one Mohammad Wazir vide registered sale deed dated 29.7.1985. Petitioners got maps sanctioned from competent authority for construction of residential houses at the property purchased as aforesaid and executed the construction accordingly. One F.A. Mansoori claiming himself to be the Secretary of Waqf Qabristan, Ganj Shahidan, Mohalla Itwariganj, Jhansi made application before Waqfs Board complaining that a number of persons have unauthorizedly occupied land of Qabristan whereupon similarly worded notices were issued by Waqfs Board on 9.7.1987 under Section 57 -A of Act, 1960 read with Rule 9(1) 1972 Rules to the petitioners and 16 other persons. Petitioners submitted reply and one of such reply dated 27.7.1987 has been brought on record as Annexure 3 to the writ petition. The Waqfs Board issued a letter dated 22.2.1988 directing petitioners to appear before the President of Board to adduce relevant evidence and avail opportunity of oral hearing. The said notice was also replied by petitioners and one of such reply dated 11.3.1988 is on record as Annexure 5 to writ petition. Thereafter, the Waqf Board passed order on 14.7.1988 holding that property in question was waqf property and therefore the Collector, Jhansi was requested to obtain possession and restore it to the Secretary of Management of Waqfs Board. Collector, Jhansi, consequently issued order of delivery of possession of property in question on 24.11.1988 which was objected by petitioners vide objection dated 31.12.1988. Petitioners also filed an appeal under Section 49 -B(4) but the same has been rejected by appellate authority. Hence, this writ petition.
(3.) A counter affidavit on behalf of Waqfs Board has been filed which has been sworn by Sri Fazal Ahmad Mansoori, Secretary, Qabristan Ganj Shahidan, Waqf No. 149, Itwariganj, Jhansi. It is stated that property in question is a Waqf property and hence no sale deed can confer any right upon the purchaser(s) in any manner and, therefore, petitioners being in unauthorized possession of the property in question and having made illegal construction thereon are liable to be evicted from property in question. It is said that after complaint was made by the deponent of counter affidavit, the Inspector of Waqfs Board made spot inspection and submitted report where after notices under Rule 9(1) and (2) were issued for taking possession of the property in question from unauthorized occupants.;