(1) Heard the learned counsel for the petitioners.
(2) This petition has been filed for issuing a direction in the nature of certiorari for quashing the Proceedings of the Complaint Case No.09 of 2019, pending before the opposite party no.5-Waqf Tribunal, Lucknow, saying that they are in contravention of the Provisions of the Waqf Act, 1995.
(3) Shri Q. H. Rizvi, appearing on behalf of opposite party no.4, says that no such certiorari as is being prayed for, can be granted to the petitioners. At best, a writ of prohibition can be sought against the Tribunal on the grounds that it is not the Competent to decide the case as the property in question is not a Waqf property.
(4) Learned counsel for the petitioners submits that the petitioners have already filed an Application No Ga-19, under Order 7 Rule 11 in 2018, which is not being considered by the Tribunal and therefore, the need arose to file this petition. Whether the property is a Waqf property or not has to be decided after hearing all the parties including the Sunni Central Waqf Board. It has been informed that Sunni Central Waqf Board has not made a party before the Tribunal.
(5) It has been submitted also before this Court that the property in dispute was sold off by the Hussain Baksh who was the recorded tenure holder in favour of one Ram Tirath Goyal on 24.09.1956. The petitioners have bought the property from the successors of Ram Tirath Goyal on 20.08.2001. A Regular Suit under Section 229-B of the U.P.Z.A. & L.R. Act was filed by the respondent no.2 before the Court of Assistant Collector but the said Suit has been withdrawn and now an Application/Complaint Case No.84 of 2018 has been filed before the Waqf Tribunal by the respondent nos.1 & 2. It has been submitted that the respondent nos.1 & 3 have filed another Complaint No.9 of 2019 against the petitioners for the same property in dispute saying that said property is registered in Register of Waqf of Sunni Central Waqf Board at sl.no.92-A.
(6) Whether the property is a Waqf property or not, has to be decided ultimately by the Tribunal. It cannot be said that the Tribunal is seized of the matter without jurisdiction. However, since, the petitioners have already filed an objection to the maintainability of the complaint on various grounds, the said grounds should be considered on their merits and order passed thereon by the Waqf Tribunal, at the earliest, say within a period of four months from the date a certified copy of the order is produced before it.
(7) In view of the above, the writ petition stands disposed of finally.
Order Date :- 28.11.2019 PAL