- (1.) Heard learned Counsel for the revisionist and Shri M.A. Siddiqui on behalf of respondent Nos. 2 and 3. The revisionist is tenant in the shop of the Waqf paying rent at the rate of Rs. 75/-. On the basis of Survey Commissioner's report and in the light of the directions issued by the Hon'ble Apex Court in tine case of All India Imam Organization v. Union of India, 1993 AIR(SC) 2086, the rent was enhanced by the Board and in pursuance thereof, recovery certificates were issued, which were challenged before this Court by filing various writ petitions. A Division Bench of this Court vide order dated 20th March, 2006 quashed the recovery certificates with the liberty to the petitioners to file objection against the Survey Commissioner's report before the Board and the Board was directed to decide the same expeditiously. In pursuance to the aforesaid direction, the Board decided the objection of the petitioners and vide order dated 23.2.2008 determined the rent of the shop at the rate of Rs. 18,160/- per month.
(2.) The revisionist made a reference under section 83(2) of the Waqf Act, 1995 (for short the 'Act'). The revisionist also made a prayer for staying the operation of the order dated 23.2.2008, which is stated to be pending. During the pendency of the proceedings, since the enhanced rate of rent was sought to be recovered, another application was filed which was rejected by the impugned order.
(3.) It is contended by the learned Counsel for the revisionist that Tribunal has wrongly rejected the stay application treating it to be proceedings under section 48 of the Act, whereas the reference was made under section 83(2) of the Act.;