- (1.) Heard Sri W.H. Khan, Senior Advocate assisted by Sri Gulrez Khan and Sri Mehtab Alam, learned counsel for the petitioner, Sri Punit Kumar Gupta, learned counsel for respondent no.3 and Sri S.S. Siddiqui, learned counsel holding brief of Sri Firoz Haider, learned counsel for respondent nos. 1 and 2.
(2.) With the consent of the learned counsel for the parties, the writ petition is being disposed of at this stage without calling a counter affidavit.
(3.) Learned counsel for the petitioner submits that the impugned order dated 13.12.2017 passed by respondent no.3 directing that the property in dispute may be included in Waqf No.I-2009 and recorded in Register No. 37 is patently illegal, without jurisdiction. It is submitted that a Waqf was created by the great grand mother of respondent no.1 on 6th October 1928 of large number of properties and the deed records details of all the properties on which Waqf was created. The property in question measuring 3 bigha 1 biswa was initially acquired on 14.1.1936 by father of respondent no.1 through permanent lease on an annual rent of Rs.61/- from one Syed Anwarul Rahman. After the execution of the aforesaid lease a building in question was constructed over some portion of the land in the year 1936-37 and it remained in possession of the lessee, the father of respondent no.1. He made an oral gift to his wife Syed Ansar Fatima whereby she became the owner of the said property and her name was also mutated in the municipal record. She in turn gifted the said property to her seven daughters including the petitioner and mother of respondent no.2. After the property was transferred by way of oral gift the petitioner filed a suit for partition of the same, which was registered as Original Suit No. 210 of 1974. In the said suit the other six sisters including the mother of respondent no.2 was arrayed as defendants. The suit was decided on the basis of compromise, accordingly a decree dated 18.1.1975 was made. Subsequently, respondent no.1 has filed Original Suit No. 72 of 2017 against her sisters including the petitioner for permanent injunction over the property in question. While this dispute is still pending, on an application made by respondent no.2 the impugned order has been passed including the said property in the Waqf and directed to be registered in Register No. 37. Learned counsel for the petitioner further submits that the impugned order has been passed without any notice or opportunity of hearing and behind her back.;