Judgment R.K.Choudhary, J. 1. This is an application under Article 226 of the Constitution of India, Petitioner No. 1 is the Sajjadanashin of a Khanqah known as Bari Takia, situated in village Chainpur, and petitioner No. 2 is the Bihar Subai Sunni Majlis-e-Awqaf under the Waqf. 2. It appears that a notification under the Land Acquisition Act for the acquisition of 25 acres of bakasht lands of Tauzi No. 161/B was made, and an objection was filed by petitioner No. 1 to the acqui- sition on the ground that the lands sought to be acquired belonged to the Waqf and contained mosque and grave-yards. The objection did not succeed and the lands were acquired. Thereafter, an award was made under Sec.11 of the Land Acquisition Act, and a notice under Sec.12 (2) of the Act was given to the petitioner No. 1 to receive payment on 9-2-1959. The petitioners again unsuccessfully made a representation against the acquisition of the lands, and have now presented this application in this Court for quashing of the acquisition proceedings altogether. 3. In support of the application, the first point raised by Mr. Asgar Hussain is that the lands in question contained mosque and grave-yards and should not have been acquired. It, however, appears that, on such objection being raised before the Land Acquisition Officer, he held a local inspection and found the statement made by the petitioner to be absolutely wrong, as the lands in question did not contain mosque or grave-yards. It is contended on behalf of the petitioners that they have stated in this Court on affidavit that there are grave-yards in the lands in question. But the question whether the lands contain mosque or grave-yards or not is a pure question of fact which has been found against the petitioners by the Land Acquisition Officer, and the petitioners are not entitled to challenge the same in this writ application. 4. The next point taken in support of the application is that the proceedings are void due lo non-compliance of the provisions of Sec. 51 of the Bihar Waqfs Act, 1947. 4. The next point taken in support of the application is that the proceedings are void due lo non-compliance of the provisions of Sec. 51 of the Bihar Waqfs Act, 1947. It is contended that the acquisition having been sought to be made of a Waqf property, the Collector was bound to issue a notice to the Majlis (petitioner No. 2) and to stay further proceedings to enable it to plead as a party to the proceeding at anytime within three months from the date of the receipt of the notice. It is contended that, no notice having been given to the Majlis, as provided in the above section, the proceedings are void and must be quashed. In, my opinion, the argument is based on confusion. Sec. 51 of the Bihar Waqfs Act does not deal with the question of actual acquisition which may appear from a mere reading of the section itself, which runs as follows: "51. (1) In the course of a proceeding under the Land Acquisition Act, 1894 , the Collector, before making an award in respect of a waqf property, shall issue a notice to the Majlis and shall stay further proceedings to enable it to plead as a party to the proceeding at any time within three months from the date of the receipt of the notice. (2) Where the Majlis has reason to believe that any property under acquisition is a waqf property, it may at any time before the award is made appear and plead as party to the proceeding. (3) When the Majlis has appeared under the provisions of Sub-section (2), no order shall be passed under Sec.31 or Sec.32 of the Land Acquisition Act, 1894, without giving opportunity to the Majlis to be heard. (4) Any order passed under Sec.31 or Sec.32 of the Land Acquisition Act, 1894, without giving opportunity to the Majlis to be heard shall be voidable at the option of the Majlis." Sub-section (1) of this section provides for a notice to be given to the Majlis before making the award, and not before making the acquisition itself. Subsection (2) of this section enables the Majlis to appear and plead as party to the proceeding, which, read with the provisions of Sub-section (1), must mean the proceeding regarding the making of the award and thereafter. Subsection (2) of this section enables the Majlis to appear and plead as party to the proceeding, which, read with the provisions of Sub-section (1), must mean the proceeding regarding the making of the award and thereafter. Sub-section (3) prohibits the passing of an order under Sec.31 or Sec.32 of the Land Acquisition Act without giving opportunity to the Majlis to be heard. Those two sections relate to the payment of compensation or deposit of the same in Court and to the investment of money deposited in respect of lands belonging to persons incompetent to alienafe. Sub-section (3) of Sec. 51 of the Bihar Waqf Act, therefore, does not debar the Land Acquisition Officer from making any order of acquisition without giving opportunity to the Majlis to be heard. Subsection (4) of that section makes the position perfectly clear because it says that any order passed under Sec.31 or Sec.32 of the Land Acquisition Act, without giving opportunity to the Majlis to be heard, is voidable at the option of the Majlis. It does not say that any order acquiring the land itself without giving opportunity to the Majlis could be avoided by it. In my opinion, therefore the proceeding for acquisition of the lands could not be quashed because of non-compliance of the provisions of Sec. 51(1) of the Bihar Waqfs Act. 5. No other point has been raised. There is thus no merit in the application which must fail, and as dismissed with costs. Hearing fee Rs. 200/-. V.Ramaswami, J. 6 I agree.