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2018 Supreme(All) 1474

ANJANI KUMAR MISHRA
ASHFAQ AHMAD @ MOHD. ASHFAQ – Appellant
Versus
U. P. SUNNI CENTRAL BOARD OF WAQF, LKO. – Respondent


Advocates:
Counsel :
J.J. Munir and Tanisha Jahangir Monir for the Revisionist; Mahboob Ahmed, A.K.Goyal, A.P. Paul, B.B. Paul and Punit Kumar Gupta for the Respondent.

JUDGMENT

Hon’ble Anjani Kumar Mishra, J.—Heard Ms. Tanisha Jahangir for the revisionist. None has appeared for the opposite party even in the revised call.

2. The instant revision is directed against the order dated 12.2.2001 passed in Misc. No. 31 of 1996, under Section 52 (2) read with Section 71 of the U.P. Muslim Waqfs Act, 1960.

3. By means of this application, an order dated 1.8.1995 passed by the Controller/President of the U.P. Sunni Waqf Board was challenged, which removed the applicant-revisionist from the post of Mutwalli of Waqf No. 122, Waqf Mohd. Noor Khan, Aligarh.

4. The application was filed on the ground that the order of the revisionists’ removal from the post of Mutwalli had been passed without affording him adequate opportunity of hearing.

5. The case of the revisionist was that on the receipt of the show-cause notice, he had filed his objection on 7.10.1995 and 21.10.1995 alongwith documents but he had no intimation of the date of hearing namely 25.5.1995 and without hearing him, the order of his removal was passed.

6. Before this Court, the submission of counsel for the revisionist is that the application has been rejected, despite a finding having been record

























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