MANPHOOL DIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of this order, I shall dispose of two writ petitions bearing C.W.P. Nos. 11332 and 13063 of 2012 being interconnected. However, the facts are extracted from C.W.P.-11332-2012. The petitioners have challenged the lease dated 15.02.2012 by which land of the graveyard bearing Khasra No. 195, situated in the revenue estate of village Aurang Shahpur, Tehsil Narnaund, District Hisar, has been leased out to respondent Nos. 4 to 6 and have also challenged the "No Objection Certificate" dated 15.02.2012 for the purpose of raising construction over the graveyard.

(2.) Counsel for the respondents have submitted that the land underneath the graveyard vesting in the Wakf Board has been leased out on the basis of the policy dated 08.06.2012 known as "Policy for Leasing of Wakf Properties, 2012". It is submitted that since the land of graveyard is being leased out under a policy which is not subject matter of challenge in this writ petition, therefore, lease by itself cannot be held to be invalid until and unless the policy is assailed by the petitioners by way of writ petition or otherwise.

(3.) In this regard, learned counsel for the respondents have also made a reference to the order dated 11.09.2013 passed in C.W.P. No. 18343 of 2012 titled as "Sh. Rajbir Khan and others v. State of Haryana and others" in which there is a reference of the policy for leasing out the wakf properties and it has been observed that "in our view, the solution to the aforesaid is only by honest people manning the Wakf Board who will propagate the purpose of the Wakf. It really is not possible for this Court to run the Wakf Board. We are informed that the Wakf is at present represented by a Chief Executive Officer and the Board is superseded. In order to nudge the authorities into action, we consider it appropriate to direct the Chief Executive Officer of the Wakf to file the report of compliance showing actions taken against various misusers/encroacher of the wakf property". With these observations, the aforesaid writ petition, which was filed in public interest, was disposed of. Later on, by way of CM No. 18343 of 2013 in the aforesaid writ petition, the Chief Executive Officer, Haryana Wakf Board had filed an affidavit portraying the existing position as per which number of wakf properties are under illegal possession of the private persons. Thus, taking action on that application, the Division Bench of this Court has called upon the Chief Executive Officer of the Haryana Wakf Board to furnish the second status report showing the existing pendency position with reference to the chart prepared by him.