- (1.) Heard learned counsel for the revisionist, learned counsel for the respondent and perused the records.
(2.) It is admitted fact that Waqf Board No. 67, Bareilly was registered with U.P. Sunni Central Waqf Board. (hereinafter referred to as "Board") and its earlier Mutwalli was Sri Khalid Ali Khan who died in year 2006. It is also admitted that after his death, no person was appointed as Mutwalli by said Board for some time. Then revisionists no. 2 and 3 had moved application before the Waqf Board for appointment of Mutwalli. On said application Board had appointed Committee of Management for taking care of management of Waqf Board No. 67, by its order dated 6.8.2010. Thereafter, Anas Raza Khan, S/o Late Khalid Ali Khan had moved application for recall of said order dated 6.8.2010 of Waqf Board. On said application Board has passed order dated 10.11.2010 for recall of order dated 6.8.2010. On said application initially Waqf Board had stayed the operation of earlier order dated 6.8.2010 and then afforded opportunity of hearing to the parties and reserved the judgment. The said judgment of U.P. Sunni Central Waqf Board was passed on 22.02.2011, by which application of Anas Raza Khan dated 10.11.2010 was rejected and earlier order dated 6.8.2010 was again restored.
(3.) Then Sri Anas Raza Khan had moved Waqf Tribunal (Civil Judge (S.D.), Bareilly) where he moved application which was registered as misc. case no. 109 of 2011 (Anas Raza Khan Vs. U.P. Sunni Central Waqf Board And Others). The said Tribunal had afforded opportunity of hearing to the parties and passed the order dated 8.8.2011, in which it was held that Waqf Board had found this averment of Anas Raza Khan to be unopposed and uncontroverted that he has been Mutwalli of Waqf No. 67 since 2005, and Waqf Board had removed him from the said post without affording opportunity of hearing, therefore, order dated 22.02.2011 of Waqf Board is stayed.;