DERA BABA DARGAH SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A short question though intricate which arises for consideration in the present writ petition is as to whether a Collector, while purportedly exercising his powers under Section 29 of the Hindu Succession Act, 1956, can declare a property as an "escheat" property? It is this order, which has been passed by the Collector, Haridwar on 01.09.2005 is put to challenge in this writ petition.

(2.) The contention of the learned counsel for the petitioner is that the petitioner (Dera Baba Dargah Singh) is a registered Waqf under the Waqf Act and its registration dates back to 08.04.1926 and it was a "[1]". The registration of the waqf has been placed on record by the learned counsel for the petitioner by virtue of the supplementary affidavit, which is not denied, and is taken on record today.

(3.) Heard Mr. Pankaj Purohit, learned Deputy Advocate General for the State/Collector. He contended that the property which was initially in the possession and vested with Mr. Dharmanand, who is said to have died intestate and as such in the absence of there being any heirs succeeding his estates, the property would vest with the State government, in the light of the provisions contained under Section 29 of the Hindu Succession Act, 1956, and thus as per his contention the property would be an "escheat" property, as declared by the Collector was absolutely justified, and he vehemently supporting the order of Collector.