PRADEEP Kant, Shabihul Hasnain, JJ. - (1.) Notice on behalf of respondents 1 and 2 has been accepted by Sri Mohiuddin Khan and on behalf of respondent no. 3, notice has been accepted by Sri Karuna Shanker Rastogi. Respondents pray for and are granted three weeks' time to file counter affidavit. Admittedly, the order appointing the petitioner as Mutawalli was passed on 23. 11. 2001 and the application for recall of the said order has been moved after six years by the respondent no. 3 on 13. 9. 07. Counsel for the respondent no. 3 says that when he came to know about the attempt on the part of the petitioner for selling out the waqf property illegally, then he was apprised of the order dated 23. 11. 2001 and since the said order was ex-parte, therefore, the said application was moved. Sri Mohd. Arif Khan, learned Senior Advocate, has brought to the notice of the Court that the order dated 7. 7. 1989 was passed after issuing notice to Abul Hasan Khan, father of respondent no. 3. We are, prima facie, satisfied that the application moved after such a long time, apparently was not maintainable and in case the respondent no. 3 was aggrieved by any action of the petitioner as Mutawalli, the recourse would have been taken otherwise in accordance with law and the Board itself was competent to see whether the Mutawalli is properly functioning or not and if the respondent no. 3 was aggrieved by the appointment of the petitioner as Mutawalli, he had a remedy to challenge the appointment before the appropriate forum. Under the circumstances, we stay the operation of the order dated 22. 11. 08 till the next date of listing with usual disciplinary and administrative control by the Board over the Mutawalli. .;