HAKIMUDDIN & ORS. Vs. MADHYA PRADESH WAQF BOARD

JUDGEMENT

(1.) Heard on the question of admission. By this writ petition under Article 226 of the Constitution of India, the petitioners are challenging the Notification No.37 dated 13/09/1985, passed in M.P. Gazette Part-3(1) wherein Entry no.444 shows Dargah, Nathanshah Baba, r in 0.052 Hectares out of Khasra No.1402 at Mohalla Shajilalpura, Kasba Badmnagar, District - Ujjain wherein the property in question is shown as Waqf Property(Annexure-P/1).

(2.) A challenge has also been made to the order dated 27/06/2016 passed by M.P. Waqf Tribunal in Case No.59/2012 thereby dismissing the suit for declaration of property in question as personal property of the petitioners and permanent injunction. The petitioners have also challenged the appointment of respondent no.6 as Mutawalli of another property made by respondent No.1 by order dated 12/07/2011.

(3.) A preliminary objection has been raised on the ground that alternative statutory remedy to challenge the impugned order(Annexure-P/2) dated 27/06/2016 in revision under Section 83(9) of Waqf Act. According to respondent No.6, the petitioners have challenged the Gazette Notification (Annexure- P/1) dated 13/09/1985 after a period of more than 30 years and the appointment of respondent no.6 as Mutawalli on 12/11/2007 after an inordinate delay of 5 years and, therefore, the same cannot be challenged after an inordinate delay of 5 years.