( 1 ) BY means of this petition under Article 226 of the Constitution of India, petitioner mainly prays for Issuance of writ, order or direction in the nature of certiorari quashing the order dated 28. 8. 1997 in so far as it directs for fixation of the date for final hearing, without disposing of the application for interim relief, which according to the petitioner amounts to an order refusing to exercise the Jurisdiction to grant ad interim injunction, and for quashing the orders dated 9. 10. 1996 and 15. 6. 1996 passed by respondent No. 3. Prayer for writ, order or direction in the nature of mandamus restraining the respondent No. 3 to function as Controller and to directing the respondent No. 1 to decide the reference filed by the petitioner within the time specified by this Court were also made.

( 2 ) THE dispute relates to a waqf Al-al-aulad, known as waqf Hamid Begam Saltanat Manzil, hamid Road. Lucknow (for short the "waqf in question ). The waqf in question was created by means of a registered waqf deed dated 13. 2. 1946 and. supplementary waqf deed dated 13. 4. 1946 (by Rani Saltanat Begum, wife of Khan Bahadur Nawab Syed Hamid Hussain Khan Sahab ). It is stated that saltanat Manzil (for short the building in question), which is a subject-matter of the waqf in question, was in dilapidated condition and needed reconstruction which was also necessary for enhancement of the income of the Waqf. The mutawallis of the waqf in question therefore, prepared a development project and submitted the same before the respondent No. 2 for Its approval in January, 1983. Since the approval was not granted by the respondent No. 2. the petitioner applied to the District Judge. Lucknow for grant of requisite permission. The district Judge vide order dated 7. 10. 1983 accorded the permission as prayed for, to work on the development project. The petitioner thereafter on 21. 10. 1983 intimated the Board about the permission granted by the District Judge. In pursuance of the order of the District Judge referred to above and in exercise of the powers under clause 12) of the Waqf Deed, a copy of which has been placed on the record as Annexure-2 to the writ petition, an agreement dated 10. 10. 1983 registered on 22. 9. 1984 was entered into between the petitioner and one Sri B. P. Halwasiya which was thereafter revised and modified on 7. 10. 1985, by means of a registered document, a copy of which also forms part of the record of the case. The respondent No. 2 instead of accepting the request made by the petitioner issued notices te the mutawallis of the waqf in question under Sections 49b and 55 of U. P. Muslim Waqfs Act. 1960 on 8. 2. 1996, calling upon them to show cause as to why the agreement entered into between the Waqf and Sri B. P. Halwasiya, be not cancelled and as to why. they be not removed, from the office of mutawailis. On receipt of the notices, replies were filed on behalf of the mutawallis. Respondent No. 3 by his order dated 15. 6. 1996 held that the agreements entered into between the petitioner and Sri B. P. Halwasiya were Illegal and directed the mutawailis to get the said agreements cancelled and also directed other relevant authorities not to act upon the said deeds. By means of the said order it was further directed that the map (building plan) if submitted before the competent authority shall not be passed. The respondent No. 3 in exercise of powers purportedly under Section 20 of the U. P. Muslim Waqf Act. 1960 delegated the powers to hear the cases under Sections 29, 45b. 55 and 57a of the Act. to the Secretary of the Board vide order dated 24. 8. 96. On the strength of the said order, the Secretary of the Waqf Board heard the case under Section 55 of the Act and thereafter concluding the hearing of the case, placed the record before the respondent No. 3. Respondent No. 3 vide his order dated 9. 10. 96. deprived of and removed Syed All Hamid and smt. Hasima Raza from the mutawalli-ship of Waqf tn qu