- (1.) Heard learned counsel for the parties. By means of the present writ petition,petitioner is challenging the order dated 29.5.2015 passed by the Rent Control Eviction Officer/Additional City Magistrate(III), Kanpur Nagar wherein application dated 9.4.2015 filed under section 66(3) of Muslim Waqf Act, 1960 (hereinafter referred to as the 'Act') and application dated 23.5.2015 filed under sections 65 and 66 of the Act have been rejected . By means of these applications, petitioner has sought impleadment of the Waqf Board as a party to the proceedings under section 16 of U.P. Act No. 13 for allotment of the premises in question. The pleading of the petitioner, who claims to be occupant of the building in question, is that the property in question is a Waqf property and is exempted under section 2(1) (bbb) of U.P. Act No. 13.
(2.) So far as the application in question is concerned, the petitioner had pleaded that the Waqf Board be impleaded and notice be issued and be called for to produce the waqf deed before the court below for establishing that the property in question is a Waqf property. The court below rejected the application on the ground that there is no provision of issuing notice to the Waqf Board under any U.P. Act No. 13 of 1992.The petitioner may establish by leading evidence that the property in question belongs to Waqf and can produce the Waqf deed and the entires made by the Waqf Board in the relevant register. There is no question to summon a document, certified copy of which can be obtained.
(3.) Challenging the order impugned , learned counsel for the petitioner submits that while rejecting the application the court below has wrongly observed that the dispute is with regard to House no. 88/490 A which is not a Waqf property whereas the documents filed by the petitioner pertain to House no 88/490 which is different from the house in question occupied by the petitioner.;