H.N. Tilhari, J. - (1.) By this writ petition, the petitioner has sought the issuance of a writ of certiorari for quashing the order dated 19-12-1981 passed by opposite party No. 1 i.e. IIIrd Additional District Judge, Faizabad, in exercise of his appellate jurisdiction under Section 49-B of U.P. Muslim Waqfs Act read with section 57(A)(2) thereof and annexed as Annexure No. 1 to the writ petition, whereby the Addl. District Judge has affirmed the order dated September 30, 1990 passed by the Collector, Faizabad, respondent No. 2 in the writ petition under Section 57(A) of Muslim Waqfs Act in respect of a shop situate at Moti Masjid, Faizabad.
(2.) Brief facts of the case are that one Srimati Karbalai Begum moved an application on November 30, 1978 with the allegations to the effect that the petitioners have illegally and forcibly occupied shop no. 730 situate in Mohalla Rekabganj, Faizabad and action under Section 50(A) of U.P. Muslim Waqf Act, 1960 be taken against them and they may be removed from illegal possession.
(3.) According to the facts of the case, the matter was got enquired by the Board and after the receipt of the inquiry report to the effect that the property in dispute is a Waqf property belonging to opposite party No. 3 i.e. Shia Central Board of Waqf and that the petitioners were occupying the same unauthorisedly, the notices were issued to the present petitioners who filed objections supported by their affidavits on 27-3-1980. In their objection, the petitioners denied the allegations to the effect that they were trespassers. The petitioners in their objection have alleged that they were not the trespassers but they were the tenants of the shop. The Controller, Central Board of Waqf by order dated 23rd April, 1980 opined and held that Sardar Ravindra Singh and Sardar Dilip Singh, the present petitioners were trespassers or persons in unauthorised occupation and were liable to be evicted and, therefore, the Board resolved to evict the present petitioners from the shop in dispute and resolved that requisition under Section 57(A) of U.P. Muslim Waqfs Act, 1960 be sent to the Collector, Faizabad for taking over the possession of the said property.;