- (1.) This writ petition arises out of proceedings under the U. P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Ceiling Act) taken against the Respondent No. 4 who was the recorded tenure-holder. He took a plea interalia that certain plots included in the notice issued to him under the Act were the subject-matter of a public religious Waqf. In support of this plea he produced a certificate of the U. P. Shia Sunni Central Board of Waqf (hereinafter called the Shia Board) dated 31-3-1973, Annexure 1 to the petition. The Prescribed Authority, however, held that the alleged Waqf had not seen the light of the day earlier and as such the case relating to Waqf had been concocted and could not be accepted. At the appellate stage the Shia Board was also impleaded as a proforma Respondent by the recorded tenure-holder Appellant. The Shia Board supported the case of the Appellant before the appellate authority. The appellate authority, however, affirmed the finding of the Prescribed Authority and dismissed the appeal. Aggrieved thereby, the Shia Board has filed this petition under Article 226 of the Constitution.
(2.) The first contention raised on behalf of the Petitioner is that the proceedings before the Prescribed Authority were bad for want of notice to the Shia Board under Section 66 (1) of the U. P. Muslim Waqfs Act, 1960 (hereafter referred to as the Waqf Act) which reads as follows: 66 (1) Notice of suits, etc. by courts-In every suit or proceeding relating to the title to Waqf property or the right of a Mutawalli, the court shall issue notice to the Board at the cost of the party instituting such suit or proceeding.
(3.) Learned Counsel for the Petitioner Board has assailed the finding of the Civil Judge to the effect that this provision is not applicable to proceedings under the U. P. Imposition of Ceiling on Land Holdings Act. I am, however, inclined to agree with the learned Civil Judge. Proceedings under the U. P. Imposition of Ceiling on Land Holdings Act cannot be characterised as "suit or proceeding relating to the title to Waqf property" merely on the basis of a plea taken in an objection by a recorded tenure-holder that the property ostensibly held by him was actually Waqf property. Section 66 (1) quoted above refers to proceeding relating to title, while proceedings under the Ceiling Act are meant for declaration of surplus land-although the question of title may also come up for investigation. It is noteworthy that in Section 67 (1) of the Waqfs Act there is a specific provision with regard to proceedings under the Land Acquisition Act which provides as follows ; 67 (1). Proceeding under the Land Acquisition Act 1894-(1) If, in the course of proceedings under the Land Acquisition Act, 1894 (Act I of 1894), it appears to the Collector before an award is made that any property under acquisition is Waqf property, a notice of such acquisition shall be served by the Collector on the Board and further proceedings shall be stayed to enable the Board to appear and plead as a party to the proceeding at any time within three months from the date of the receipt of such notice. It is significant that there is no similar provision to be found in regard to proceedings under the Ceiling Act. As the Prescribed Authority under the Ceiling Act is not a "Court", although it may exercise powers of a civil court, Section 66 (1) does not in terms apply to proceedings under the Ceiling Act.;