- (1.) M. Katju, J. Heard learned counsel for the parties.
(2.) THIS writ petition has been filed for a writ of mandamus directing the respondents not to remove or dispossess the petitioner from the control and management of the properties of waqf Nos. 4 to 11 Waqf Dargah Mulla Syed Mohammadi Shah, Allahabad. The petitioner has also prayed for quashing of the orders dated 15-7-1985, 17-12-1997 and the resolution of the Board dated 4-5-2000 communicated by the order dated 5-5-2000 vide Annexures S. A. 2, S. A. 3 and S. A. 4 to the supplementary affidavit. It is alleged in paragraph 2 of the writ petition that the petitioner No. 1 is managing committee of the properties No. 4 to 11 of the aforesaid waqf and other petitioners are members of the management committee. It is alleged in paragraph 3 of the writ petition that the U. P. Sunni Central Board of Waqf, Lucknow (hereinafter referred to as 'the Board') removed the petitioners committee by order dated 30- 5-1979 without affording any opportunity of hearing to the petitioners. True copy of the order dated 30- 5-1979 is Annexure 1 to the writ petition. The Board appointed a new committee whose members are mentioned in paragraph 4 of the writ petition. It is alleged in paragraph 5 of the writ petition that the order dated 30-5-1979 was the result of the conspiracy of certain interested persons including the respondents 2 to 5 with the officers of the Board who had been heavily bribed. The petitioner challenged the order dated 30-5- 1979 which was quashed by the Civil Judge, Allahabad by order dated 1-9-1987 vide Annexure 2 to the writ petition. It is alleged that thereafter nothing had happened and the petitioners continued discharging their duties as members and office bearers of the committee of management and are in possession and control over the property of the waqf property. In paragraph 8 of the writ petition it is alleged that the petitioners came to know that some order was passed ex parte by some officers of the Waqf Board by which the earlier committee has been renewed. It is alleged in paragraph 10 of the writ petition that after the judgment dated 1-9-1987 no notice was given to the petitioners before passing the said order. It is alleged in paragraph 11 of the writ petition that the petitioner committee has not been removed but the earlier committee of management has been renewed by Mr. Anis Ansari who is no more authority under the law to do so. It is alleged that whatever has been done by the respondents specifically by Mr. Anis Ansari was done behind the back of the petitioner for extraneous consideration. In paragraph 13 of the writ petition it is alleged that the petitioner received letter dated 6-11-1997 from the Waqf Inspector, Allahabad informing him that the Chief Executive Officer, U. P. Sunni Central Board Waqf, Lucknow by letter dated 13-10-1997 has informed the Waqf Inspector, Allahabad that the charge has not been handed over by the petitioner to the committee of management through its Secretary Syed Rashid Hussain. The petitioner immediately protested and sent his representation dated 20-2-1998 stating that the proceeding against the petitioner were taken behind the back of the petitioner and the whole act of the respondents were fraudulent. True copy of the representation is Annexure 4 to the writ petition. It is alleged in paragraph 20 of the writ petition that though no order has been served on the petitioner for removing the petitioner from his office but in connivance with Anis Ansari. Rasheed Hussain is trying to dispossess the petitioner from the office. If there is any order the same is ex parte and behind the back of the petitioner. It is alleged that the action of the respondent is wholly without jurisdiction and illegal.
(3.) THE petitioner was permitted to amend the petition and by this amendment the petitioner has challenged the order dated 15-7-1985 by which the new committee of management has been appointed by the President of the Board. True copy of the said order is Annexure S. A. 2. It is alleged in paragraph 36 that Anis Ansari claiming himself to be the Controller has passed an order dated 17-12-1987 for extraneous consideration vide Annexure S. A. 3. By this order Anis Ansari has extended the term of the committee of management of the respondent for another two years. THEreafter an order dated 5-5- 2000 has been passed extending the term of committee of management of the respondent for five years from 16-12-1999 i. e. from a back date. It is alleged that by none of these orders the petitioner committee of management was removed from the office. Several counter and supplementary affidavits have been filed in this case and we have perused the same. We have also perused the rejoinder affidavits.;