- (1.) Heard Sri M.A. Qadeer, learned Senior Advocate, assisted by Sri Shamim Ahmad, learned counsel for petitioner; and, Sri P.K. Jain, learned Senior Advocate, assisted by Sri Sumit Daga, Advocate, for respondents.
(2.) This writ petition has arisen under Article 226 of the Constitution of India from the judgment and order dated 9.10.2009 passed by Additional District and Sessions Judge, Court No. 3, Muzaffar Nagar in Misc. Appeal No. 93 of 1992 under Section 49-B(4) of U.P. Muslim Wakf Act, 1960 (hereinafter referred to as "U.P. Act, 1960"). The Lower Appellate Court having allowed the appeal has set aside the order passed by Collector, Muzaffar Nagar on 14.01.1992 who had directed the respondent-Town Area Committee, Shahpur to transfer possession of disputed property to appellant-U.P. Sunni Central Board of Wakf (hereinafter referred to as "Board").
(3.) The Board claimed that Khasra No. 416 (old number 905 and 906) situate in Village Shahpur, Tehsil Budhana, District Muzaffar Nagar is a Qabristan and a Wakf property registered as Wakf with the Board as Wakf No. 299, Muzaffar Nagar on the basis of an application filed by one Mohammad Abdullah on 2.9.1963 under Section 29 of U.P. Act, 1960. Town Area Committee, Shahpur District Muzaffar Nagar (now Nagar Panchayat, Shahpur) illegally encroached over part of the Wakf property. One Turab Uddin, appointed as Administrator by the Board, to look after administration of Wakf, reported encroachment made by Nagar Panchayat, Shahpur whereafter proceedings under Section 57-A of U.P. Act, 1960 were initiated by Board, and, holding that disputed property was a Wakf and has been illegally encroached upon, it sent a requisition to Collector to secure possession of disputed property in favour of Sri Turab Uddin, Administrator of Wakf. Pursuant thereto, Collector passed order dated 11.6.1992 directing Nagar Panchayat, Shahpur to deliver possession of disputed property to Sri Turab Uddin failing which action under Rule 7 of U.P. Muslim Wakfs (Recovery of Property) Rules, 1972 (hereinafter referred to as "Rules, 1972") would be taken.;