S.U.Khan - (1.) This writ petition is directed against order dated 5.9.1991 passed by 1st Additional District Judge, Jhansi in Misc. Civil Appeal No. 109 of 1986, Suraj Prakash and another v. Collector, Jhansi and two others. The said appeal was filed against order by Collector dated 8.9.1986 under Section 49B (4) read with Section 57A (2) of U. P. Muslim Wakfs Act, 1960 (since repealed by Section 112 (3) of Wakfs Act, 1995). Petitioner Wakfs Board had sent a requisition to the Collector under Section 57A of U. P. Act for recovery of property in dispute, which was entered in the registers of the petitioner as Wakf property and regarding which Wakf Board was of the opinion that respondents 2 and 3/appeallents were in unauthorized occupation. Requisition was sent on 1.9.1986 and Collector passed order in pursuance thereof on 8.9.1986 under Section 49B (2) read with Section 57A (2) directing respondent Nos. 2 and 3 to deliver the property in dispute to the Wakf Board.
(2.) EARLIER also similar proceedings had been initiated against respondents 2 and 3 Suraj Prakash and Babu Lal by the Wakf Board and in pursuance of requisition sent by Board, Collector had passed order on 16.7.1979 for delivery of the property in dispute. Against the said order Misc. Civil Appeal No. 116 of 1979 was filed which was allowed by District Judge, Jhansi on 30.4.1982. In the said judgment appellate court held that requisition sent by Board of Wakfs to Collector and consequent notice of Collector were not valid as plot number was not mentioned. Appellate court further held that the entry of any property as Wakf property in the register of the Wakf Board did not bind non-Muslims and Wakf Board could not adjudicate regarding its own title. The operative portion of the said judgment was to the effect that : "The appeal is allowed and the impugned notices of the Collector are set aside. The Board may however, take further action in the matter as may be warranted." Thereafter fresh proceedings were initiated under the same provision, i.e., Section 57A of U. P. Act and Wakf Board on 10.7.1986 held that requisition be again sent to the Collector. Wakf Board further held that by virtue of earlier judgment of District Judge in Appeal dated 30.4.1982 Wakf Board was entitled to initiate fresh proceedings. In pursuance of order dated 10.7.1986 requisition was sent on 1.9.1986 and in pursuance of the said requisition Collector passed order of delivery of property in dispute to Wakf Board and issued notice to the respondents 2 and 3 on 8.9.1986. Against the order of the Collector dated 8.9.1986 Misc. Civil Appeal No. 109 of 1986 was filed. The appeal was allowed by the impugned order dated 5.9.1991. The Additional District Judge, Jhansi held that respondents 2 and 3 being non-Muslims cannot be said to be persons interested in the wakf and they can in no way be estopped or barred from challenging the right of Board. As Uttar Pradesh Muslim Wakf Act, 1960 under which proceedings were initiated and appeal was filed has been repealed by Wakf Act, 1995 hence no useful purpose will be served by deciding the matter on merit.
(3.) IT is to be noticed that prior to 1995 there were two Wakf Acts. One was Wakf Act, 1954 (Central) and other was U. P. Muslim Wakf Act, 1960. The Central Act was not applicable to the States which had their own Wakf Acts like Uttar Pradesh. Under the impugned judgment as well as in the earlier judgment of the appellate authority it was held that both the Acts were pari materia. There was an important distinction between the two Acts. Under the Central Act declaration/ decision of property as Wakf property under Section 5 was final and conclusive as provided under Section 6 (4) and under Section 27 (1) final as provided by Section 27 (2). Section 6 (4) provided that such decision was final and conclusive unless it was modified in pursuance of decision of the civil court. However Section 27 (2) made such decision only final unless revoked or modified by civil court. Under Section 6 suit could be filed only within one year from the date of publication of the list of wakf in the gazette. Under Section 27 (2) no limitation to file the suit was provided.;