Bharati Sapru, J. - (1.) I have heard learned Senior counsel for the petitioner Shri Sashi Nandan assisted by Shri Anurag Jauhari and learned counsel for the respondent Shri S. Masood at length. Parties have also submitted their written arguments.
(2.) The present writ petition arising out of an order passed by the Controller of Waqf Board, Lucknow dated 7.7.93 under the provisions of Section 57-A of the U.P. Muslim Waqf Act, 1960. The said provision is for the recovery of possession of Waqf property from unauthorized occupants. Under the impugned order dated 7.7.93, the Controller of the Waqf Board has passed an order that requisition be sent to the Collector, Rampur to obtain from Smt. Gayatri Devi and others the possession of the property in dispute and deliver it to the Board through Hamid Ali Khan, the President of the Committee of Management of Waqf.
(3.) The facts of the case are that there is a plot No.375 situated in village Mandayyan, Nadir Bagh, Tahsil Sadar, District Rampur. The petitioners Shri Shahid Husain and others claimed that they had purchased this property by way of a sale deed registered on 12.8.81. The petitioner states that after the purchase of this plot, a sale deed dated 12.8.81 was executed and they had purchased this land from Zia Ullah Khan and Mazhar Ullah Khan, who were sons of Ata Ullah Khan who were recorded as the tenure holder. It is the petitioners' case that the sons of Ata Ullah Khan had transferable rights under the provisions of the Rampur Tenancy Act, which was applicable to the land in dispute. As one of the sons of Ata Ullah Khan was a minor at the time of the sale deed, which was registered on 12.8.81, a fresh sale deed was registered on 17.5.83 in favour of the petitioner when the second son of Ata Ullah Khan Mazhar Ullah Khan attained majority.;