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Allahabad High Court · body

2010 DIGILAW 587 (ALL)

Sonu Agrawal v. U. P. Sunni Central Waqf Board

2010-02-15

KRISHNA MURARI

body2010
JUDGMENT Krishna Murari,J. Heard learned counsel for the revisionist and Shri M.A. Siddiqui on behalf of respondent nos. 2 and 3. 2. The revisionist is tenant in the shop of the Waqf paying rent at the rate of Rs.75/-. On the basis of Survey Commissioner's report and in the light of the directions issued by the Hon'ble Apex Court in the case of All India Imam Organization Vs. Union of India, AIR 1993 SC 2086 , the rent was enhanced by the Board and in pursuance thereof, recovery certificates were issued, which were challenged before this Court by filing various writ petitions. A Division Bench of this Court vide order dated 20th March, 2006 quashed the recovery certificates with the liberty to the petitioners to file objection against the Survey Commissioner's report before the Board and the Board was directed to decide the same expeditiously. In pursuance to the aforesaid direction, the Board decided the objection of the petitioners and vide order dated 23.02.2008 determined the rent of the shop at the rate of Rs.18,160/- per month. 3. The revisionist made a reference under Section 83 (2) of the Waqf Act, 1995 (for short the 'Act'). The revisionist also made a prayer for staying the operation of the order dated 23.02.2008, which is stated to be pending. During the pendency of the proceedings, since the enhanced rate of rent was sought to be recovered, another application was filed which was rejected by the impugned order. 4. It is contended by the learned counsel for the revisionist that Tribunal has wrongly rejected the stay application treating it to be proceedings under Section 48 of the Act, whereas the reference was made under Section 83 (2) of the Act. 5. Prima facie, there appears to be force in the submission and the matter needs scrutiny. Issue notice to respondent nos. 1 and 4 to 9, who may also file counter affidavit. Apart from normal mode of service, revisionist shall also take steps for service of notice on the respondents by registered post within a week. Office shall issue notices returnable within four weeks. Connect with Civil Revision NO. 26 of 2010 and list for admission after six weeks. 6. 1 and 4 to 9, who may also file counter affidavit. Apart from normal mode of service, revisionist shall also take steps for service of notice on the respondents by registered post within a week. Office shall issue notices returnable within four weeks. Connect with Civil Revision NO. 26 of 2010 and list for admission after six weeks. 6. Considering the facts and circumstances, until further orders of this Court, realisation of the enhanced amount of rent from the revisionist shall remain stayed, subject to the condition that he deposits a sum of Rs.1000/- per month w.e.f. January 2010. The amount of rent for the month of January may be deposited by 28th February, 2010. Thereafter, monthly rent shall be deposited by 10th of every month. 7. In case of default, this interim order shall stand automatically discharged. 8. The respondents shall be entitled to withdraw the amount so deposited. 9. It is further being clarified that Tribunal shall proceed with the disposal of the reference and this order shall not be treated as stay of the proceedings before the Tribunal.