- (1.) Heard learned counsel for the petitioners, learned Standing Counsel, appearing on behalf of the respondent nos. 3 to 6 as well as Sri Bakhteyar Yusuf, learned counsel appearing on behalf of the respondent nos. 1 and 2. and perused the record.
(2.) By means of the present petition, the petitioners seeks a writ, order or direction in the nature of certiorari calling for the records of the case and quashing the undated notice issued by the respondent no.1 fixing 28.7.2015 and 25.8.2015 as the date for holding inquiry. Further prayers of the petitioners are to issue a writ, order or direction in the nature of certiorari calling for the recods of the case and quashing the orders dated 25.8.2015 passed by the respondent no.2, note put up by the respondent no.6 and approved by the Chairman dated 12.7.2013, marking the remark as "approved', office memorandum dated 15.7.2013 issued by the respondent no.6 appointing respondent no.7 as Mutwalli of the properly mentioned in Schedule F in Waqf No. 75 EX-II, Bulandshahr, (Annexure-10 to the writ petition) and also issue a writ in the nature of prohibition, restraining the respondent nos.6 and 7 to enter upon the properties described in Schedule F of the deed of nomination executed by late Kunwar Ghulam Waris Ali Khan and further to issue a writ of mandamus commanding the respondent nos. 3, 4 and 5 to ensure that there is no interference at the behest of respondents nos. 6 and 7 upon properties mentioned in the Schedule F of the deed of nomination dated 28.08.2000.
(3.) Briefly stated the facts giving rise to the present petition is that one Bibi Musharrat Nisha Begum, wife of Khan Bahadur Kunwar Abdul Jalil Khan, constituted a WaqafAlal Aulad with respect to the properties which formed part of the Waqf deed. The waqf deed describes the manner in which the Mutwalli was to be appointed. During her life time, she appointed herself to be the Mutwalli and upon here death her husband was to become Mutwalli. It also appears that upon the death of her husband, the person, nominated by her or husband, as the case may be, was to be appointed as the Mutwalli and in case none is nominated then her son Kunwar Ghulam Ali Waris Ali Khan and daughter Afsar Jahan Begum will be Mutwalli It is also provided that thereafter the nomination will be made by those persons who stood earlier nominated, however, nobody from the outside will be nominated. It is further provided that outsider will have no right to interfere in the management of the waqf properties, its income and expenditure. Kunwar Ghulam Waris Ali Khan executed a deed of nomination and also a corrigendum dated 19.12.2000. Kunwar Ghulam Waris Ali Khan Passed away on 14.02.2007 and the intimation of his death was given to the U.P. Sunni Waqf Board and thereafter an order has been passed by the respondent no.2 on 08.02.2001, approving appointment of Mutwallis as per the3 deed executed by Kunwar Ghulam Waris Ali Khan by approving the office memorandum, dated 16.05.2011, issued by the respondent no.1.;