WAKF MASJID DHUMAN HAN Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) THE writ petition has been filed by the Wakf Masjid Dhuman Khan, Jabalpur aggrieved by order (P-1) dated 31. 8. 2006 passed by CEO, m. P. Wakf Board, Bhopal in ease No. 25/2004.

(2.) PETITIONER has filed an application under section 54 of Wakf Act, 1995 for removal of encroachment raised by respondent No. 2 Mohd. Umar Khan Koti. As per the case set up by the Wakf, land belonging to the Wakf comprising plot no. 701/1 had been encroached upon by Mohd. Umar Khan and construction of garrage was made beside residential rooms.

(3.) IN the reply filed on behalf of respondent No. 2 before the CEO, Wakf Board, bhopal it was submitted thatplot No. 701/1 was not occupied by him. To submit that he was residing or in occupation of Plot No. 701/1 was absolutely false. He was residing in House situated over plot No. 700/1 of which new Number was 450.