BAHEED KHAN Vs. STATE OF MP

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution, the petitioners have challenged the orders, Annexures P/1 to P/4. These orders are passed by Tahsildar, Sub-Divisional Officer, Commissioner and Board of Revenue, respectively.

(2.) Avoiding unnecessary details of the matter, in fact the singular question is whether the revenue authorities have power to act as an authority of first instance against the petitioners, who are allegedly occupying a wakf property. In other words, whether revenue authorities are competent to invoke section 248 of M.P.Land Revenue Code, 1959 ('MPLRC' for brevity) against the petitioners who are the alleged encroacher on a wakf property.

(3.) The revenue authorities have admitted that the property on which the petitioners have allegedly encroached is a wakf property, which is duly notified in the Official Gazette. This finding is given by the Member, Board of Revenue also in the impugned order, Annexure P/1.