JUDGMENT Hon’ble Sudhir Agarwal, J.—Heard Sri Mahtab Alam, learned counsel for the revisionist and Sri J.J. Munir, Advocate for respondents. 2. This revision has arisen from the judgment and order dated 24.1.2001 passed by Wakf Tribunal/Civil Judge (Senior Division), Aligarh in Wakf Reference No. 112 of 1986. 3. The Assistant Wakf Commissioner, Aligarh vide order dated 31.12.1981 passed in Case No. 159 of 1980-81 declared disputed property to be a Wakf in purported exercise of power under Section 6(2) of U.P. Muslim Wakf Act, 1960 (hereinafter referred to as the “Act, 1960”), whereagainst a reference was made by Sri Kallam Khan (now deceased and substituted by his legal heirs), which was registered as Wakf Reference No. 112 of 1986 and the Wakf Tribunal/Civil Judge (Senior Division), Aligarh held that Wakf Commissioner has no such power and hence has declared the aforesaid order to be void ab initio. 4. Section 6 of act, 1960 reads as under: “6. Survey of waqfs.—(1) The Commissioner shall apportion worky of survey of waqfs between himself and the Additional and Assistant Commissioners in such manner as he may think proper, and shall general supervise and control their work. (2) The Commissioner of waqfs, shall, after making such inquiries as he may consider necessary, ascertain and determine— (a) the number of all waqfs in the area showing the Shia waqfs and Sunni waqfs separately; (b) the nature and objects of each waqf; (c) the gross income of the property comprised in each waqf; (d) the amount of revenue, cesses, rates, taxes and surcharge payable to the Government or the local authority in respect of each waqf property; (e) expenses incurred in the realization of the income and the pay or other remuneration of the mutawalli of each waqf; (f) [Clause (f) omitted by Section 7 of U.P. Act No. 28 of 1971] (g) such other particulars relating to each waqf as may be prescribed: Provided that where there is a dispute as to whether a particular waqf is a Shia waqf or Sunni waqf and there are clear indications in the recitals of the deed of waqf as to the sect to which it pertains, such dispute shall be decided on the basis of such recitals. (3) The Commissioner shall while making any inquiry, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely: (a) summoning and examining any witness; (b) requiring the discovery and production of any document; (c) requisitioning any public record from any Court or office; (d) issuing commissions for the examination of accounts and witnesses; (e) making any local inspection or local investigation; and (f) any other matter which may be prescribed by the State Government. (4) The Commissioner, the Additional Commissioner of waqfs or Assistant Commissioner of waqf shall submit his report of enquiry, containing the particulars mentioned in sub-section (2) above, to each of the Boards and the State Government shall as soon as possible, notify in the official Gazette the waqfs relating to particular sect, to which, according to such report, the provisions of this Act apply.” 5. A perusal of Section 6 read with other provisions of Act, 1960 makes it very clear that there must be an existing Wakf and when there is a dispute regarding property, whether it is a property of said Wakf or not, whether concerned Wakf is Shia Wakf or Sunni Wakf, only such a dispute can be decided thereunder but when there is a dispute, whether there exists Wakf or not, in respect of a particular property, the power to declare Wakf is not conferred by aforesaid provision. The Act contemplates administration of existing Wakfs and does not provide any power of anybody to make declaration about a property, whether it is a Wakf or not and such power is vested elsewhere. 6. I, therefore, do not find any any illegality, material irregularity or jurisdictional error in the order impugned in this revision warranting interference. 7. The revision is dismissed. 8. Interim order, if any, stands vacated. 9. Certify this order to the Lower Court immediately. ———————