A.N.VARMA, J. - (1.) The parties having exchanged affidavits, we are disposing of this petition finally with their consent in accordance with the Rules of the Court.
(2.) The petition is directed against an order dated 11-7-90 passed by the Controller of U.P. Sunni Central Board of Waqfs, Lucknow, rejecting the petitioner's application for setting aside of the order dated 1-4-89 passed by the Secretary of the said Board appointing Qamaruddin, the third respondent, as the Mutawalli of the disputed waqf.
(3.) Admittedly, one Nizamuddin Khan, was the Mutawalli of the waqf. The petitioner is his son and claims to be his spiritual successor. Nizamuddin Khan died on 1-3-1989. On the death of Nizamuddin Khan, the petitioner alleges to have sent an application to the Waqf Board informing it of the death of his father Nizamuddin Khan and also of the fact that the petitioner had taken charge of the waqf under a registered will dated 13-11-1986 executed by Nizamuddin Khan recognizing the petitioner as his successor. Besides an application to the same effect is alleged to have been submitted before the Board by Nizamuddin's counsel on 25-3-89. It is alleged that while these applications were pending, the Secretary of the Board passed an ex parte order on 1-4-89 without any notice or enquiry appointing Qamaruddin, the third respondent, as the Mutwalli in place of Nizamuddin Khan. This order purports to have been passed upon an application stated to have been filed by Qamaruddin, the third respondent, on 8-3-89 asserting his claim to be appointed the Mutwalli of the waqf after the death of Nizamuddin.;