( 1 ) AFZAL Husain, son of Altaf Husain has directed this petition against the proceedings taken by Shia Central Board of Waqfs U. P. , opposite party No. 3, for his eviction from house No. 68/218 and the appurtenant land situate at Mohalla Bari Hat, district Bahraich.

( 2 ) ON 7-10-1977 the Collector Bahraich issued an order to the petitioner stating therein that he had received a requisition from the Secretary Shia Central Board of Waqfs under S. 57a (i) of the U. P. Muslim Waqfs Act, 1960 regarding petitioners unauthorised occupation of the property described in the order and requiring the petitioner to deliver possession of the said property to the Shia Central Board of Waqfs U. P. within a period of 30 days from the date of service of the order. In this order it was also stated that if the petitioner failed to deliver possession to the Waqf Board, ejectment proceedings shall be initiated against him as laid down in R. 7 of the U. P. Muslim Waqfs (Recovery of Waqf Property) Rules, 1972. A copy of this order has been filed as Annexure No. 1 to the writ petition, on receipt of this order the petitioner preferred appeal under S. 49b (4) of the Act before the learne