JUDGMENT 1. Heard Sri M.K.Nigam, learned counsel for the petitioner and Sri Surendra Tiwari, learned counsel appearing for respondent no.4. 2. This writ petition has been filed challenging order dated 23.1.1990 passed under Section 49-B of U.P. Muslim Waqf Act, 1960 as amended by insertion of U.P. Muslim Waqf (Amendment) Act, 1971 (hereinafter referred to as 'Act,1971'), whereby Section 49-A and 49-B were inserted for the first time. It is admitted that petitioner's tenancy in the property in dispute relates back to 1957-58, at which time Section 49-A was not in existence, hence question of its compliance does not arise. Therefore, order under Section 49-B to Act, 1971 is patently illegal. 3. Section 49-A and 49-B as inserted by Act, 1971, reads as under: "49-A. Transfer of immovable property of waqfs.-Notwithstanding anything contained in the deed or instrument, if any, by which the waqf has been created, no transfer by way of (i) sale, gift, mortgage or exchange; or (ii) lease for a period exceeding three years in the case of agricultural land, or for a period exceeding one year in the case of non-agricultural land or building-- of any immovable property of the waqf shall be valid without the previous sanction of the Board. 49-B. Recovery of waqf property transferred in contravention of Section 49-A.- (1) If the Board is satisfied after making an inquiry in such manner as may be prescribed that any immovable property entered as property of a waqf in the register of waqfs maintained under Section 30, has been transferred without the previous sanction of the Board in contravention of the provisions of Section 49-A, it may send a requisition to the Collector within whose jurisdiction the property is situate to obtain and deliver possession of the property to it. (2) On receipt of a requisition under sub-section (1), the Collector shall pass an order directing the person in possession of the property to deliver the property to the Board within a period of thirty days from the date of service of the order. (2) On receipt of a requisition under sub-section (1), the Collector shall pass an order directing the person in possession of the property to deliver the property to the Board within a period of thirty days from the date of service of the order. (3) Every order passed under sub-section (2) shall be served- (a) by giving or tendering it or by sending it by post to the person for whom it is intended; or (b) if such person cannot be found, by affixing it on some conspicuous part of this last known place of abode or business, or by giving or tendering it to some adult male member or servant of his family or by causing it to be affixed on some conspicuous part of the property to which it relates: Provided that where the person on whom the order is to be served is a minor, service upon his guardian or upon any adult member or servant of his family shall be deemed to be service upon the minor. (4) Any person aggrieved by an order of the Collector under sub-section (2) may, within a period of thirty days from the date of the service of the order, prefer an appeal to the Court of the District Judge within whose jurisdiction the property is situate. (5) The District Judge may either dispose of the appeal himself or may transfer it to the Court of any Additional District Judge or Civil Judge under his administrative control and may also withdraw any such appeal and either dispose of the same or transfer it to any other Court of Additional District Judge or Civil Judge under his administrative control, and in every case the decision of the court shall be final. (6) Where an order passed under sub-section (2) has not been complied with and the time for appealing against such order has expired without any appeal having been preferred or the appeal, if any, preferred within that time has been dismissed the Collector shall obtain possession of the property in respect of which the order has been made, using such force as may be necessary, for the purpose, and then deliver it to the Board. (7) In exercising his functions under this section the Collector shall be guided by such rules as may be made in that behalf by the State Government." 4. (7) In exercising his functions under this section the Collector shall be guided by such rules as may be made in that behalf by the State Government." 4. Above Sections were substituted under Act, 1971 but not available for period 1957-58. 5. Admittedly, embargo created by Section 49-A is prospective. 49-B operates when there is contravention of provisions of Section 49-A. Since both Sections came into existence, by publication in U.P. Gazette, Extra. on 5th November, 1971, nothing done in 1957-58 can be said to be in violation of Section 49-A. In such a situation, writ petition deserves to be allowed. 6. Writ petition is allowed. Impugned order dated 23.1.1990, passed by respondent no.2 under Section 49-B of U.P. Muslim Waqf Act, is hereby quashed.