SANGEETA CHANDRA, J. - (1.) Heard Sri Anupam Kulshrestha, learned counsel for the petitioner, Sri M.A. Qadeer, learned Senior counsel assisted by Sri Puneet Kumar Gupta appearing on behalf of Waqf Board and Sri D.K. Tripathi appearing on behalf of the respondent no.5.
(2.) This writ petition has been filed praying for a writ in the nature of certiorari for quashing the order dated 28.4.1997 passed by the Controller, Shia Central Waqf Board, Uttar Pradesh (respondent no.2) and also praying for quashing of notice issued by the Collector, Agra (respondent no.3) on 20th January 1998.
(3.) The case set up by the counsel for the petitioner is that the petitioner is a Cooperative Housing Society which has purchased certain Plots of land, namely Plot No. 807 (area 1 Bigha 11 Biswa) and Plot No. 924 (area 2 Bigha 18) in village Bhogipura, Tahsil Sadar, District Agra which was earlier property of Waqf Mir Niaz Ali record in the Revenue Records. In 1973 one Syed Athar Ali Jafri was Mutawalli and he had applied to the Shia Waqf Board for grant of permission to sell the suit property and the Board had granted permission on 22.5.1973. Before such transfer could be actually made, the Mutawalli Syed Athar Ali Jafri died and one Syed Ali Qaisar was appointed as Mutawalli and a fresh permission was obtained from the Board on 27.12.1973 for transfer of Plot No. 807 and Plot No. 924 situated at village Bhogipura, Tahsil Sadar, District Agra district.;