Hon'ble Umesh Kumar,J.
This writ petition has been filed, inter alia, for the following relief:
"Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no. 1 District Magistrate, Firozabad to take appropriate proceeding pursuant to the requisition dated 31.10.2018 in accordance with law as expeditiously as possible preferably within the time stipulated by this Hon'ble Court."
Learned counsel for the petitioners submits that the land in dispute , which is a waqf property, belongs to the petitioners and the same has been sold illegally by a third person without any authority to the respondent no.2, Smt. Rama Yadav and the petitioner no.1 in exercise of its powers under section 52 of the Waqf Act,1995 has passed a resolution on 3.10.2018 for sending a requisition to the Collector concerned to obtain and deliver possession of the property in dispute but till date the District Magistrate has not taken any action in the matter. In support of his contention,he relied upon the provisions contained under sections 52 (1) and (2) of Waqf Act, 1995, which run as under:
"52. Recovery of wakf property transferred in contravention of section 51.?
(1) If the Board is satisfied, after making any inquiry in such manner as may be prescribed, that any immovable property of a wakf entered as such in the register of wakf maintained under section 36, has been transferred without the previous sanction of the Board in contravention of the provisions of section 51, it may send a requisition to the Collector within whose jurisdiction the property is situate to obtain and deliver possession of the property to it.
(2) On receipt of a requisition under sub-section (1), the Collector shall pass an order directing the person in possession of the property to deliver the property to the Board within a period of thirty days from the date of the service of the order.
Relying upon the aforesaid provisions, the learned counsel for the petitioner further submitted that in view of the provisions referred to above, the District Magistrate is under an obligation to pass an order directing the person in possession of the property to deliver it to the Board within a period of thirty days from the date of the service of the order but the District Magistrate has done nothing as yet and petitioners are being made to run from pillar to post .
Considering the facts and circumstances of the case,we direct the respondent no.1, District Magistrate/ Collector/ Addl. Commissioner Waqf, Firozabad to pass an appropriate order in accordance with law after due inquiry keeping in view the provisions, referred to herein above. While passing the order, the Collector shall also ascertain the fact whether the land in dispute belongs to the petitioners or not.
It is made clear that this court has not expressed any opinion on the merits of the case and the said authority has to take decision on its own merits.
With the above observation, this writ petition is finally disposed of.
Order Date :- 26.8.2019 MLK