SHAMSHER KHAN Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) Applicant has filed this revision under Section 83 sub-Section (9) of Waqf Act, 1995 challenging impugned order dated 22/07/19 passed by MP State Waqf Tribunal, Bhopal.

(2.) Applicant has filed a civil suit under Section 83 sub-Section (2) of Waqf Act 1995. In the civil suit order dated 4/04/09 passed in Case no.348/2006 was under challenge. Vide order dated 4/4/2009 Chief Exec- utive Officer, Madhya Pradesh Waqf Board, Bhopal held that Khasra No.175, Nazul sheet no.30, area measuring 3115 sq.ft. situated in Waqf Masjid Sulemani, Chandni Chowk Motinala Jabalpur is a waqf property. Order was passed to remove encroachment of Raju son of Sheikh Jum- man, Sohrab Khan son of Sheikh Jumman Khan, Bablu son of Sheikh Jumman under Section 54 sub-Section (3) of Waqf Act 1995. The non-ap- plicants in the said case were ex-party and they did not appear even after receiving notices. The order dated 04/04/09 was challenged on the ground that SDM Jabalpur vide letter dated 14/09/09 has held that name of Waqf Board is not recorded in revenue records in respect of Plot No.175, Block no.3315 sq.ft. situated in Jabalpur and therefore, proceed- ings under Section 55 of the Act cannot be initiated against the alleged encroachers. The plot in question has been given on lease for a period of 30 years by order dated 29/06/10. Applicants are not encroachers over the land in question.

(3.) Defendant no.1 has averred that plaintiffs are encroachers. Suit property is registered in M.P. Waqf Board at No.93/242. Original owner of land namely Julfikar has given the land to Waqf Board. In Civil Suit no.27-A/1986, 28-A/1986, 209-A/1986 vide judgement and decree dated 29/03/89 it has been held that suit property in question is a property of Masjid Sulemani Waqf. Against the said judgement and decree first appeal was filed which was dismissed vide order dated 19/04/95. Nazul Officer has no authority to grant Patta in respect of waqf property. In view of above, prayer was made to dismiss the suit. Defendant no.2 has made similar averments in the civil suit. It was further stated by them that dis - missal of first appeal on 19/04/95 has become final and same has effect of rest-judicata as plaintiffs are legal hires of Yusuf Qureshi. It was also stated that mutation order dated 14/05/10 has been cancelled. In view of same, prayer is made for dismissal of the suit. Wakf Tribunal considering the deposition of witnesses as well as evidence on record, i.e. document Ex.D-19 held that in earlier civil suit bearing No.27-A/86, and in appeal No.143/89, Issue No.2(A) and (B) has been answered that plot no.175 is waqf property which has been given to Waqf Board by owner Julfikar. Yusuf Qureshi was party in the said civil suit and he has admitted in his written statement that suit was filed for declaration of title in respect of plot No.175 and it was held that property is a waqf property. Plaintiffs are the legal representatives of Yusuf Qureshi.