ORDER :- The present applicants have filed a suit No. 191 of 1978 in the Court of the Civil Judge, Lucknow alleging that they are the legally appointed Mutawallis of various public and charitable waqfs. Their waqfs function under the general superintendence and guidance of Shia Central Board of Waqfs, U.P. Lucknow (hereinafter referred to as the Board) duly constituted under the provisions of U.P. Muslim Waqfs Act (hereinafter called the Act). They alleged that on the expiration of the term of the Board in the year 1969, necessary arrangements were made according to Sec. 12 of the then Act, for holding election, co-option and nomination for constituting a new Board and after complying with the necessary formalities prescribed in the Act, a new Board was constituted in the year 1970, but its term could not commence as the publication of the notification by the Government was stayed by this Court in writ petition No. 784 of 1969 filed by Sri Agha Zaidi and others against the Board. That writ petition was dismissed on 31st Aug., 1973.

In the meantime the Governor of Uttar Pradesh issued the U.P. Muslim Waqfs (Amendment) Ordinance 1974 which was published in the U.P. Gazette Extraordina

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