YUSUF KHAN Vs. STATE OF M.P

JUDGEMENT

(1.) IN this petition filed under Article 227 of the Constitution, the petitioner has challenged the order dated 28.06.2012 (Annexure P/2) passed by the trial Court in Case No.10-A/2002 whereby his application under Order 39 Rule 1 & 2 CPC has been rejected. The order dated 01.08.2012 passed by the appellate Court in Miscellaneous Civil Appeal No.06/2012 (Annexure P/1) whereby his appeal under Order 43 Rule 1 CPC is rejected, is also under challenge.

(2.) SHRI Raja Sharma, learned counsel for the petitioner raised two fold contentions, firstly, by placing reliance on recent judgment of this Court passed in Writ Petition No.3693/2011 (Baheed Khan & Others Vs. State of M.P & Others) (Annexure P/7), it is stated that the land/property in question is a Wakf property and any action against the petitioner can be taken only as per provision of the Wakf Act and the Revenue Authorities have no jurisdiction to take action under the provision of the M.P. Land Revenue Code (for brevity 'MPLRC'), secondly, it is stated that the petitioner was in possession of the property for quite long time, therefore, his dispossession is illegal.

(3.) I have heard learned counsel for the parties and perused the record.