RAKESH Tiwari, J. - (1.) Heard Sri M. A. Qadeer, Senior Counsel assisted by Sri Shamim Ahmad, learned Counsel for the petitioners, Sri Haider Hussain, the learned Counsel for respondent No. 1 and Sri M. A. Siddiqui, learned Counsel for respondent No. 13. Perused the record.
(2.) IN view of the nature of the order which is proposed to be passed, notice need not be issued to respondent Nos. 2 to 12 at this stage. Waqf No. 3069 Dargah Jhanda Shareef Bade Peer Sahab is registered with the U. P. Sunni Central Board of Waqf, U. P. Lucknow after survey con ducted under the provisions of Waqf Act No. 16 of 1960. Another Waqf No. 43, Farrukhabad was also registered separately. The Controller of the Waqf Board without notice or opportunity to the Committee of Management of Waqf No. 3069 by his ex parte order dated 9. 6. 1999 merged both the waqfs appointing Shah Fasihul Hussain Mujeebi, re spondent No. 1 who was mutwalli of Waqf Board No. 43 as mutwalli of Waqf Board No. 3069 also. On coming to know about the order dated 9. 6. 1999, the Committee of Management of Waqf Board No. 3069 moved an application for recall of the aforesaid ex parte order dated 9. 6. 1999 for setting aside the ex -parte order of merger of the two waqf aforesaid.
(3.) THE Waqf Board after hearing the parties recalled its ex parte order dated 9. 6. 1999 and appointed a management committee for managing the Waqf Board No. 3069 as earlier, before merger for a period of one year to be headed by Vice -President Sharafat Khan and Manu Khan as Secretary. THE Waqf Board also issued orders for enquiry against the mutawalli i. e. , respondent No. 1 -Waqf No. 43, Sri Faishul Hussain for his removal from the said waqf. THE proceedings for removal of Sri Faisul Hussain from the post of mutawalli of waqf No. 43 are said to be still pending. Aggrieved by the aforesaid order, Shah Fasihul Hussain Mujeebi, respondent No. 1, mutawalli of Waqf Board No. 43 filed an appeal under section 64 (4) of the Waqf Act, 1995. The appeal was filed by him after about 8 years from the date of the order dated 19. 2. 2007 by which the ex parte order merging two Waqf Boards was recalled.;