INTAZMIYA COMMITTEE Vs. STATE OF C G

JUDGEMENT

(1.) SINCE these 3 petitions involve common questions for consideration, they are being disposed of by this common order. The facts of these cases are as follows :

(2.) WRIT Petitions No. 3443/2003 and 4289/2004 have been filed by Intazmiya Committee, Jama Masjid (Wakf) Bilha on 17.10.2003 and 24.09.2004. The former petition was filed for restraining the purchaser from carrying out any building operation or making construction on the spot as also for issuance of mandamus directing the State respondents to intervene in the matter and perform their duties under Section 28, 52, 54, 55, 85 & 88 of Wakf Act 1995 and extend appropriate help to the petitioner in protection of Wakf property. The later petition was filed for issuance of directions to the State respondents to mutate the Nazul records as also Patwari records and enter the name of the petitioner Committee with respect to property, which have been registered as Wakf property by the Wakf Board and notified in the final Gazette at serial No. 106 pages 2014 to 2017 with a direction to respondent No.2 (Collector) to make an inquiry into illegal sale of the Wakf property and to take appropriate action in this regard as also to restrain the private respondents not to enter into any transaction pertaining to the Wakf property and not to deal with the said property. The pleadings and grounds in these two petitions are almost similar. According to the petitioner Committee, they have been constituted by M.P. Wakf Board, Bhopal and are to look after the maintenance and management of the property dedicated to the above Wakf institution. They pleaded that the disputed property was a Wakf property as it was registered as the Wakf property along with many other properties in the year 1967 by the Wakf Board M.P., Bhopal in the wakf-register (Register- Aukaf) and the factum of registration was also notified under the provisions of Wakf Act by Gazette Notification in the M.P. Gazette Part III (1) dated 25.8.1989 vide page Nos. 2014 to 2017. They contended that since this property was a Wakf property, therefore, alienation of the property was not possible. However, the sellers, who are two of the successors of the executants of Wakf, did not take care of the law and the purchaser, taking undue advantage that the mutation was not affected, purchased the disputed property and started action of demolition and the acts of construction over the portion of it. It is in this situation, these petitions were filed for above relief(s).

(3.) THE purchaser took stand that this property was not a Wakf property as the alleged wakf-deed dated 20.4.1937 was never acted upon and it appears to be only a piece of paper for want of implementation by executants and their descendents for long 56 years. The names of Akbar Khan and his descendents have been continued in revenue records as lessee of the said land, who have time to time sold the portion of said property to different persons but the same were never challenged by the petitioner. Vide Para-5 of the reply in Writ Petition No. 3081/2003, he specifically pleaded that the said Haji Mohd. Akbar Khan and Haji Mohd. Masood Khan have never bequeathed any property as alleged. He also denied the execution of Wakf-Alal-Auladnama on 20.4.1937 or any other date. According to his pleadings, the said property was through out treated as their own property and not as a Wakf property by Haji Mohd. Akbar Khan, Haji Mohd. Masood Khan and their heirs respondents No. 5 & 6. The said properties were managed by them as their personal property and they have never managed it as the Mutvallis' as alleged. He further pleaded that the portions of such property were sold to many persons as follows :