SMT. QUDSIYA SAIDULLAH Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2018-1-37
HIGH COURT OF ALLAHABAD
Decided on January 24,2018

Smt. Qudsiya Saidullah Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

TARUN AGARWALA,J. - (1.) Qudsiya Saidullah has filed three writ petitions, which have been clubbed and are being decided together. In Writ Petition No. 61799 of 2011, the petitioner has prayed for the following reliefs:- "I. to issue a writ, order or direction in the nature of mandamus commanding the respondents to renew lease of Nazul Plot no. 58 1/2 B, Civil Station, Allahabad (measuring over two Acres)= 29 Kanpur Road=39 P.D.Tandon Road, Allahabad or to grant free hold rights therein to the extent of her ? share as mentioned in settlement deed dated 8.3.2011 (Annexure-10) and the order of Hon'ble Supreme Court dated 4.4.2011 (Annexure-11); II. to issue a writ, order or direction in the nature of mandamus, commanding the respondent U.P. Sunni Central Waqf Board, Lucknow to delete name of Waqf Mohammad Husain, 29 Kanpur Road, Allahabad from their record; III. to issue ad interim mandamus commanding the respondents to renew lease of Nazul Plot No. 58 1/2B, Civil Station, Allahabad (measuring over two Acres)=29 Kanpur Road =39 P.D. Tandon Road, Allahabad or to grant free hold rights therein to the extent of her ? share as mentioned in settlement deed dated 08.03.2011 (Annexure-10) and the order of the Hon'ble Supreme Court dated 4.4.2011 (Annexure 11); IV. to issue a writ, order or direction in the nature of mandamus, commanding the respondent U.P. Sunni Central Waqf Board, Lucknow to delete name of Waqf Mohammad Husain, 29 Kanpur Road=39 P.D. Tandon Road Allahabad from their record; V. to issue any other suitable writ, order or direction as this Hon'ble Court may deed fit and proper in the peculiar facts and circumstances of the case, so as to meet the ends of justice. VI. to award cost of petition to the petitioner."
(2.) The petitioner then filed Writ Petition No. 31845 of 2012 praying for the following reliefs: "i. To issue a writ, order or direction in the nature of certiorari, calling for record of the case, quashing impugned order/notice of respondent Collector Allahabad dated 12.06.2012 (Annexure-22). ii. to issue a writ order of direction in the nature of mandamus, commanding the respondents 1 to 6 not to enforce impugned order dated 12.06.2012 against the petitioners on any ground and in any manner whatsoever. iii. To issue ad interim mandamus, staying effect and operation of impugned order of respondent no.2 dated 12.6.2012 (Annexure-22) and not to dispossess the petitioners from Nazul Plot No. 58 1/2B, Civil Station, Allahabad bearing Municipal No. 29, Kanpur Road, Allahabad-39, P.D. Tandon Road, Allahabad. iv. To issue any other suitable writ, order or direction as this Hon'ble Court may deed fit and proper in the peculiar facts and circumstances of the case; v. To award cost of petition to the petitioners."
(3.) Thereafter, the petitioner has filed Writ Petition No. 31014 of 2016 praying for the following reliefs: "ii. To issue a writ, order or direction in the nature of mandamus, commanding the respondents not to acquire the property of petitioner bearing Nazul Plot No. 58 1/2 B (Area 2 Acre), Civil Lines, Allahabad presently bearing Municipal No. 29 Kanpur Road/39 P.D. Tandon Road, Allahabad, without first following procedure prescribed by law. iii. To issue ad interim mandamus, commanding the respondents not to interfere with the actual physical possession of petitioner in respect of Nazul Plot No. 58 1/2B (Area 2 Acres), Civil Lines, Allahabad presently bearing Municipal No.29 Kanpur Road/39 P.D. Tandon Road, Allahabad, without first following procedure prescribed by law. iv. To direct respondent no. 2 and 4 to forthwith reconstruct boundary wall of the bungalow of petitioner and remove Hoarding/Board installed in the compound of said Bungalow of the petitioner. v. Grant such other and further relief to which petitioner may be found entitled in law. vi. Award cost of petition to the petitioner. vii. To issue a writ, order or direction in the nature of certiorari, calling for record of the case, quashing order of respondent no. 2 dated 7.6.2016 (Annexure No. 9 to the writ petition). viii. To issue a writ, order or direction in the nature of mandamus, commanding the respondent Collector, Allahabad to forthwith either renew lease of Nazul plot no. 58 1/2 B, Civil Station Allahabad, now bearing 29 Kanpur Road/39 P.D. Tandon Road, Allahabad or grant free hold rights to the Waqf Alal Aulad created by Syed Mahmood Jahan Begum wife of Barrister Mohammad Husain on 29.11.1966." ;


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