Hon’ble Sudhir Agarwal, J.—Heard Sri M.A. Qadeer, learned Senior Advocate, assisted by Sri Shamim Ahmad, learned counsel for petitioner; and, Sri P.K. Jain, learned Senior Advocate, assisted by Sri Sumit Daga, Advocate, for respondents.

2. This writ petition has arisen under Article 226 of the Constitution of India from the judgment and order dated 9.10.2009 passed by Additional District and Sessions Judge, Court No. 3, Muzaffar Nagar in Misc. Appeal No. 93 of 1992 under Section 49-B(4) of U.P. Muslim Wakf Act, 1960 (hereinafter referred to as “U.P. Act, 1960”). The Lower Appellate Court having allowed the appeal has set aside the order passed by Collector, Muzaffar Nagar on 14.1.1992 who had directed the respondent-Town Area Committee, Shahpur to transfer possession of disputed property to appellant-U.P. Sunni Central Board of Wakf (hereinafter referred to as “Board”).

3. The Board claimed that Khasra No. 416 (old number 905 and 906) situate in Village Shahpur, Tehsil Budhana, District Muzaffar Nagar is a Qabristan and a Wakf property registered as Wakf with the Board as Wakf No. 299, Muzaffar Nagar on the basis of an application filed by one Mohammad Abdullah on 2.9.1963 under Section 29 of U.P. Act, 1960. Town Area Committee, Shahpur District Muzaffar Nagar (now Nagar Panchayat, Shahpur) illegally encroached over part of the Wakf property. One Turab Uddin, appointed as Administrator by the Board, to look after administration of Wakf, reported encroachment made by Nagar Panchayat, Shahpur whereafter proceedings under Section 57-A of U.P. Act, 1960 were initiated by Board, and, holding that disputed property was a Wakf and has been illegally encroached upon, it sent a requisition to Collector to secure possession of disputed property in favour of Sri Turab Uddin, Administrator of Wakf. Pursuant thereto, Collector passed order dated 11.6.1992 directing Nagar Panchayat, Shahpur to deliver possession of disputed property to Sri Turab Uddin failing which action under Rule 7 of U.P. Muslim Wakfs (Recovery of Property) Rules, 1972 (hereinafter referred to as “Rules, 1972”) would be taken.

4. The order of Collector was challenged by Town Area Committee (now Nagar Panchayat, Shahpur) before District Judge, Muzaffar Nagar in Misc. Appeal No. 93 of 1992. The case set up by respondent No. 2 is that neither disputed property belong to Board nor is a Wakf property and the Board or its appointee has no right to administer the said property. It was said that in the list of Wakf of Quasba Shahpur mentioned in the U.P. Gazette Notification dated 5.7.1986 Khasra No. 416 was not shown as Wakf property. It was never a Wakf nor Board has any right, legal or otherwise, in respect thereto. It referred to Original Suit No. 814 of 1984 filed by Zafar and others against Town Area claiming disputed property to be Wakf property but Revenue Suit was dismissed on 12.12.1985. In reference No. 2047 of 1974-75 and three connected references, the Board of Revenue passed an order on 8.9.1988 holding that property comprising of Khasra No. 416 is not a Qabristan, hence, is not a Wakf property and it continued to vest in State. Khasra plot No. 416 being situated within the boundary of village Shahpur on or before 7.7.1949, all rights, interest including the right of ownership in respect of the said plot vested in the State of Uttar Pradesh after enforcement of U.P. Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act, No. 1 of 1951) (hereinafter referred to as “Act, 1951”). The right of management of disputed property, therefore, vests with respondent No. 2 by virtue of Section 117-A of Act, 1951.

5. The claim set up by respondent No. 2 has been accepted by Lower Appellate Court and that is how the appeal of respondent No. 2 has been allowed by means of impugned judgment.

6. Sri M.A. Qadeer, learned Senior Advocate, contended that with the enactme