SAIYYAD WAJID ALI Vs. SHAUKAT ALI

JUDGEMENT

(1.) This petition under section 482 of the Cr.P.C., is filed by the petitioner Saiyyad Wajid Ali being aggrieved by order dated 06/11/2012 passed by the First Additional Sessions Judge, Ratlam in criminal revision no. 193/12 dismissing the revision.

(2.) Briefly stated, the facts of the case are that the respondent / plaintiff Shaukat Ali had filed an application in the Trial Court before the Chief Judicial Magistrate, Ratlam under Section 68 of the Wakf Act 1995 stating that the present petitioner Saiyyad Wajid Ali was the previous chairman (Mutawali) of the Wakf Darga Dadha Kudha Saiyyad, Mithra Nivas Road,Ratlam and the tenure of the previous committee was over on 25/12/2010 and according to the order dated 03/05/2011 passed by the Bhopal Wakf Board, the new committee was registered at no.2122 dated 05/05/2011 and Shaukat Ali plaintiff was appointed as the chairman (Mutawali)of the new committee. The petitioner Saiyyad Wajid Ali was directed to hand over the charge of the movable and immovable properties belonging to the Wakf Darga Dadha Kudha Saiyyad to Shaukat Ali. However, the petitioner Saiyyad Wajid Ali refused to do so stating that he was only Muzavar and he never was the previous chairman (Mutawali) of the committee and neither there was any committee before 03/05/2011 and hence he was not required to hand over any charge or any property and hence the question of handing over charge does not arise. He urged that the trial Court even refused to conduct preliminary enquiry into the issue under Rule 37 of the M.P. Wakf Rules 2000, as prayed by Saiyyad Wajid Ali. The tenure of ShaukatAli was completed on 02/05/2012 and on completion of one year a new Mutawali Mansoor Ali Patodi was appointed whose tenure was for one year and on completion of one year on application his tenure was extended for one more year. An application was moved by the Committee Chief /Afzal Shah, in which Mansoor Ali Patodi was a member, for making entire executive committee a party to the matter, which was rejected by the Trial Court. The trial Court, therefore, on 04/08/2012 passed the order and allowed the application under Section 68 of the Wakf Act stating that on completion of one year Saiyyad Wajid Ali had to hand over the charge to Shaukat Ali. However being aggrieved a civil revision has been filed by Saiyyad Wajid Ali at no.193/12 and in order dated 06/11/12, the revisional Court upheld the finding of the trial Court that the computation of one year was correct. It held that according to the Wakf Board order, the new committee had been formed on 03.05.2011 and although the year was to be one year, the year was to be computed from the date of taking charge and since the charge had never been handed over by Saiyyad Wajid Ali, the period did not commence and hence the application under Section 68 of the Wakf Act filed by Shaukat Ali was maintainable in this regard.

(3.) And by the impugned order the revisional Court categorically held that on considering the earlier criminal revision no. 23/12 order dated 14/03/2012 as well as in Cr. Revision nos.105,106/12 vide order dated 30/04/2012, the constitution of the samiti and its legality was considered and similarly considering the section 28 of the Wakf Act, the Court categorically held that the chief executive officer i.e. the Chairman may exercise all or any powers conferred on him by or under this Act with the previous approval of the Board through the Commissioner of the division or the Collector of the district in which the concerned Wakf property is situated and if any powers have been delegated by the Chief Executive Officer it can be done so only with the sanction of the Collector or the Divisional Commissioner and hence the revisional Court upheld that the order passed by the Trial Court and dismissed the revision petition. Hence, being aggrieved by the said order the petitioner has filed the present petition.