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Babu Shah And Others v. U.P. Sunni Central Wakf Board And Others - WRIT - C No. 7026 of 2006  RD-AH 2774 (7 February 2006)
Civil Misc. W.P. No. 7026 of 2006
Hon'ble Sushil Harkauli, J.
Hon'ble Vikram Nath, J.
The petitioner is permitted to file a supplementary affidavit enclosing therewith documents to indicate how much land was available with the Waqf in question, whether all that land is still recorded in the name of Waqf or whether 66 bighas out of the total land of the Waqf has been mutated in the name of the petitioners or their father. The petitioners will also disclose whether any sale deed or agreement of sale has been executed by the petitioners or their father in respect of that land. In absence of these facts, we are not inclined to pass any ex-parte order staying the appointment of the Administrator and restoring the petitioners to their earlier position as that would entail a risk of further dissipation of the waqf property.
However, the petitioners are prima facie correct in their contention that the recovery ordered by the Board vide annexure-3 to this writ petition dated 3rd January 2006 could not have been passed without following the procedure prescribed in section 33 of the Act. The words of the order do not indicate any such procedure having been followed, we therefore, stay the recovery pursuant to the impugned order dated 3.1.2006. However, it will be open to the Board to pass fresh orders with in accordance with the law.
Chaudhary N.A. Khan, representing the Waqf Board may file a reply within a month.
Dated : February 7, 2006
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