Hon’ble Sudhir Agarwal, J.—This writ petition under Article 226 of Constitution of India has been filed by Mahmood Hussain, sole petitioner, claiming himself to be Mutawalli of Waqf No. 2280, Masjid Garib Nawaz, Gram Churyani, District Fatehpur. He has prayed for a writ of mandamus, commanding respondent authorities to permit petitioner to offer Azan, Namaz and other religious activities in the premises of Masjid Garib Nawaz Waqf No. 2280 (aforesaid). It has also prayed for a writ of certiorari for quashing order dated 6.9.2017 (Annexure 7 to writ petition) passed by respondent-2, i.e. District Magistrate, Fatehpur, in the light of direction issues by this Court in Writ Petition No. 23406 of 2017 decided on 25.5.2017, rejecting application made by petitioner.

2. Learned counsel for parties stated that basic facts are not in dispute and issues raised in the present writ petition relate to basic tenets of Islamic Law in relation to Waqf, scope of relevant statute dealing with Waqf and, therefore, being purely legal may be decided at this stage, considering record of writ petition and, for that purpose, learned Standing Counsel did not propose to file any counter-affidavit and advanced submissions orally. Learned counsel for petitioner has also stated at the Bar that he confines the writ petition in the matter of relief to the extent that a mandamus be issued to respondent authorities to permit petitioner to offer Azan, Namaz and other religious activities in the premises of Masjid, Garib Nawaz, Waqf No. 2280 in the light of Article 25 of the Constitution of India and order dated 6.9.2017, directing otherwise be set aside.

3. We have heard Sri Shitala Sahai holding brief of Sri Pavan Kumar Srivastava, learned counsel for petitioner and learned Standing Counsel for State-respondents.

4. Facts in brief giving rise to present writ petition are that the land (Arazi No. 139 (kha)) area 0.0470 hectare was purchased by petitioner vide sale-deed dated 11.6.2009 for the purpose of establishing Masjid and Madarsa. Name of the petitioner was entered in Revenue records. Khatauni of Fasli Year 1419-1424 of aforesaid village has been filed as Annexure 1 to writ petition showing four Tenure-holders as Khairullah son of Habeeb Khan, Saidur Rahman son of Abdul Rahman, Purushottam son of Suraj Prasad and Mahmood Hussain son of Jahangir Ahmad.

5. A Mosque was constructed on the aforesaid land by petitioner. A certificate claimed to have been issued by Gram Pradhan on 26.8.2015 that after construction of Mosque at the disputed land, Namaz is being offered in the aforesaid Mosque. Waqf was also registered with U.P. Sunni Central Waqf Board, Lucknow vide registration No. 2280 under Section 36 of Waqf Act XXXXIII of 1995 (hereinafter referred to as “Act 1995”). Certificate of registration was issued on 26.10.2016. Certificate of Tawaliat was also issued by U.P. Sunni Central Board of Waqf, Lucknow on 5.11.2016 certifying that petitioner is ‘Mutawalli’ of aforesaid Waqf. It is said that a news item was published from in daily news paper ‘Dainik Jagran’ on 18.3.2017 published in Kanpur that on the land in dispute there was Madarsa and loudspeaker was installed for Namaz and Azan and thereagainst local people raised objection, whereupon, Sub-Divisional Magistrate, Sadar and Circle Officer, Jaafarganj, removed loudspeaker from Madarsa. Members of two communities entered into a compromise and terms and conditions of aforesaid compromise were written down and placed on record as Annexure 5 to writ petition.

6. Aggrieved by restraint action of respondents in respect of Azan and Namaz in the premises in question, petitioner filed Writ Petition No. 23406 of 2017 which was disposed of vide judgment dated 25.5.2017 permitting petitioner to make a representation to District Magistrate, Fatehpur who was directed to decide the same by a reasoned order.