The authority failed to comply with statutory notice requirements and ignored prior legal determinations of Waqf property, leading to the quashing of disputed orders.

JUDGMENT :

Irshad Ali, J.

1. Heard Mohd. Arif Khan, learned Senior Advocate assisted by Mohd. Sadab Khan, learned counsel for the petitioner, Shri Syad Aftab Ahmad, learned counsel for the respondent-Shiya Central Board of Waqf, Uttar Pradesh, Lucknow, Shri vinod Kumar Gupta, learned counsel for the intervener, learned Standing Counsel for the respondents-State and Shri A.P. Singh, learned Advocate holding biref of Shri R.D. Shahi, learned Advocate.

2. By means of the present writ petition, the petitioner has prayed for issuance of a writ in the nature of Certiorari quashing judgment and order dated 8.4.1997 as well as the order dated 31.12.1974 of the Prescribed Authority and order dated 23.4.1976 passed in appeal.

3. Factual matrix of the case is that Raja Yasin Ali Khan , Ex Tauluqedar of Devgaon Estate for religion and charitable purpose before 1.5.1959 and dedicated his land in several villages used as Waqf property, but the application for registration of the Waqf was given on 22.11.1959 by Sri Yawar Hussain Khan to the Shiya Central Board of Waqf, U.P., Lucknow. Due to oversight the certificate for registration under Section 29 of U.P. Muslim Waqfs Act, Shri Yawar Hussain on 16.6.1971, on which report was submitted by the Secretary of the Board on 19.10.1971 and the certificate under Section 29 of the Act was issued on 23.3.1973.

The proceedings under the provisions of Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 was taken and even though the land was recorded as Waqf property. Neither Shiya Central Board of Waqf, U.P., Lucknow was made a party in the proceedings in according with Section 68 of the U.P. Muslim Waqfs Act, 1960 nor any notice was given to it under Section 66 of the said Act.

After the death of Sri Yawar Hussain, petitioner no.1, his widow became the sole Mutwalli of the Waqf property but after she became old and inform on her requested dated 28.5.1993 petitioner no.2 , Ikhlas Hussain @ Shawar was appointed Naib Mutwalli.

Notices under Section 10 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 were issued in the name of Sri Yawar Hussain Khan who was only a Sarbarakar or Mutwalli. In response to the notices, Sri Yawar Hussain Khan submitted his replies and pointed out that the Waqf and in accordance with Section 6 (f) of the Act is exempt from the provisions of the Act. This contention was accepted by the Prescribed Authorityin respct of land in village Poorey Lal Khan and by the judgment and order dated 30.6.1962 the notice was discharged. The Prescribed Authority in his judgment and order annexed as Annexure no.4 had come to the conclusion that the oral waqf had been created by Raja Yasin Ali Khan in 1936 and the income from the land was utilised for Taziadari etc.

In respect of other villages Devgaon Poora alias Sumerpur, Mewapur, Indalpur the Prescribed Authority did not accept the contention that the land was Waqf property created before 1.5.1959 and holding the same to be that of Sri Yawar Hussain he declared 278 Bighas 16 Biswas 15 Biswansi to be surplus area of Sri Yawar Hussain.

Aggrieved by the judgment and order, Sri Yawar Hussain Khan preferred appeal under Section 13 of the Act which was decided by the Civil Judge, Faizabad on 23.4.1976. During the pendency of the appeal, U.P. Imposition of Ceiling on Land Holdings (Amendment) Act, 1976 i.e. U.P. Act No.20 of 1976 came into force and para 31(2) which had abated all the pending appeals.

The appeal was thus deemed to have abated and the Prescribed Authority had been given powers to issue fresh notices for determining the surplus area of a tenu