Heard Sri Jawed Murtaza, learned counsel for the petitioners and learned Additional Chief Standing Counsel for opposite parties no.1 to 4.
The brief facts of the case are that the Shia Central Board of Waqfs, U.P. Lucknow sent a requisition dated 31.01.1995 to the Collector for recovery of waqf''s property in unauthorized possession of opposite party no. 5 under U.P. Muslim Waqfs Act, 1960. The District Magistrate, Faizabad thereafter on 11.3.1995 passed an order directing the opposite party no.5 to deliver the possession of House No.730 (old) new no.9/6/36 situated in Mohalla Rekabganj District Faizabad to the petitioners.
Being aggrieved by the order dated 11.3.1995 passed by the Collector, Faizabad, an appeal was preferred by opposite party no.5 in the Court of District Judge, Faizabad, which was registered as Misc.Civil Appeal No.2 of 1995. The said appeal was contested by the petitioners and thereafter the District Judge, Faizabad by the judgment and order dated 5.7.2008 dismissed the appeal preferred by the opposite party no.5.
The grievance of the petitioners is that in spite of the dismissal of the appeal preferred by opposite party no.5, the Collector, Faizabad is not taking any action on the requisition dated 31.1.1995.
We, therefore, dispose of the writ petition with a direction to the District Magistrate, Faizabad to implement its own order dated 11.3.1995 passed under Section 57A of the U.P. Muslim Waqfs Act, 1960, within two months from the date a certified copy of this order is produced.
