- (1.) Release application filed under Section 21(1)(a) of U.P. Act XIII of 1972 by petitioner who is Mutwalli of a private trust was rejected primarily because such an application was not maintainable. According to Appellate Authority the Trust-deed which was on record did not permit the petitioner to live in any portion of the Waqf Property and, therefore, he had no right in it and the Deity was not bound to provide any accommodation to him. In taking this view he obviously committed error of law and against the ratio laid down by this Court in case Shri Ram Mohan Bajpai v. District Judge, Kanpur and others,1980 ARC 279.
(2.) The learned counsel for the opposite party urged that no averment having been made in the application that the house was needed for performing Sewa Puja of Deity, the application was liable to be dismissed. He also urged that private need of the Mutwalli could not be taken into account while deciding the application under Section 21(1)(a). None of these questions need be decided at this stage. As the appellate authority has dismissed the application primarily as not maintainable, any observation at this stage might prejudice the case of the parties. It shall remain open to the opposite parties to raise this question before appellate authority.
(3.) In the result, this petition succeeds and is allowed. Order passed by the appellate authority is quashed. He is directed to decide the appeal afresh on merits according to law. Parties shall bear their own costs.;