Hon’ble Arun Tandon, J.—Heard Shri W.H. Khan, Senior Advocate assisted by Shri Gulrez Khan, Advocate on behalf of the petitioners and Shri M.A. Qadeer, Advocate on behalf of the respondent No. 2.

2. Petitioners before this Court seek quashing of the order of Waqf Tribunal, Moradabad dated 6.8.2010 where under the appeal filed by the predecessor in interest of the petitioners under Section 49-B (4) of the U.P. Muslim Waqf Act 1960 (hereinafter referred to as ‘Act’ 1960) has been dismissed.

3. Facts giving rise to the present writ petition are as follows:

U.P. Sunni Central Board of Waqf forwarded a letter referable to Section 49-B (4) of the Act 1960 to the Collector for the petitioner being evicted from the waqf property more appropriately described in the letter itself on the allegation that he was an unauthorised occupant over the property of the Waqf. The Collector in turn forwarded a notice to the petitioners referable to Section 49-B (2) of the Act 1960.

4. The predecessor in interest of the petitioner filed an appeal against the said notice of the Collector as provided for under Section 49-B(4) of Act, 1960. In the appeal so filed, it was contended that he was tenant