- (1.) R. H. Zaidi, J. Heard learned counsel for the petitioner. In spite of service of notices, none appeared for respondent No. 2.
(2.) PRESENT petition arises out of proceedings under Section 12 of U. P. Act No. XIII of 1972, for short 'the Act', and is directed against the order dated 10-1-1994 whereby the building in question has been declared vacant by respondent No. 1. Without going into the controversy in volved in the present case. The writ petition may be allowed on the short ground that pending the disposal of this petition in this Court, U. P. Act No. V of 1995 was enforced w. e. f. 26-9-1994. Section 2 of the Act was amended by the Amending Act. Clause (bbb) was added in sub-section (1) of Sec tion (2) of the Act which reads as under: "2. Exemptions from operation of the Act - (1) Nothing in this Act shall apply to the following, namely: (a ). . . . . . . . . . . . (b ). . . . . . . . . . . . (bb ). . . . . . . . . . . . . (bbb) Any building belonging to or vested in a waqf including a waqf-alal-aulad. " The building in question admittedly belongs to waqf (waqf-alal-khair), there fore, the same is now out of the purview of the Act. The building being exempted from the operation of the Act, no further proceeding for allotment or release in respect of the same can be taken. The order declaring vacancy also deserves to be quashed. In view of what has been stated aboved, the order dated 10-1-1994 is hereby quashed. It is further directed that no fur ther proceeding under the Act shall be taken in respect of the building in question. Petition allowed. .;