ASIF ANSARI Vs. WAKF MAHAL UMRAO JEHAN

JUDGEMENT

(1.) ALL the aforesaid petitions are filed, challenging the order of Chief executive Officer, M. P. Wakf Board, Bhopal dated 26-4-2008 by which an application filed by petitioner (non-applicant before the Chief Executive officer) under Order 14 Rule 1 read with Section 151 of the Code of Civil procedure, 1908, dated 9-1-2008 was rejected.

(2.) THE authority found that under Section 54 of the Wakf Act, 1995 (hereinafter referred to as 'act' for short) it was not necessary for him to frame the issues to decide the disputes between the parties. Section 54 does not make applicable the procedure envisaged in the Code of Civil Procedure, 1908 (hereinafter referred to as 'cpc for short ). The Chief Executive Officer is also not a Civil Court and the proceedings under Section 54 of the Act are not under the CPC. Section 54 (3) provides a limited enquiry in respect of encroachment on Wakf property and after issuing a notice to the encroaches, the Chief executive Officer is empowered to remove the encroachment, recording aforesaid findings the application filed by the petitioner was rejected. As in all the aforesaid cases, same applications with similar allegations were decided, so all these petitions are being decided by this common order and for the convenience facts are taken from W. P. No. 5939/2008 (Asif Ansari Vs. Wakf Mahal Umrao Jehan and others ).

(3.) LEARNED Counsel for petitioner challenged the aforesaid order on following grounds:- (1) That to decide the dispute between the parties it was necessary for the Chief Executive Officer to frame the issues in the case. On framing issues, parties would know the real controversy and substantial points of dispute and would be able to produce evidence in this regard. So it was necessary for respondent No. 2 to frame the issues in the case. (2) Reliance was placed to the Apex Court judgment in J. K Iron and steel Co. Ltd. Vs. The Iron and Steel Mazdoor Union, Kanpur, AIR 1956 SC 231 and Banke Ram Vs. Smt. Sarasti Devi, AIR 1977 punjab and Haryana 158, and submitted that this petition be allowed and the impugned order be quashed.