PUNJAB WAKF BOARD AMBALA CANTT Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) THE present revision petition dated 1.11.1994 has been moved under Section 16 of the Punjab Land Revenue Act, 1887, against the order dated 5.8.1994 passed by the Commissioner (Appeals), Jalandhar Division, Jalandhar, as per which he had upheld the order of the Collector, Amritsar as well as that of the A.C. Ist Grade, Amritsar.

(2.) THE facts of this case are that mutation Number 835 of village Dial Bharang, Had Bast No. 254, Tehsil Ajnala, District Amritsar was got entered by the Punjab Wakf Board Branch, Amritsar from the Halqa Patwari, regarding the change of ownership from the name of the Village Panchayat Dial Bharang, in favour of Punjab Wakf Board, in respect of "Mosque", situate at village Dial Bharang, shown at Serial No. 3291 of the list of Sunni Wakfs existing in composite Punjab State, so declared, under Section 5(2) of the Central Governments Wakfs Act, 1954, as notified in the Gazetted of India, New Delhi, Saturday January 9, 1971. The Halqa Patwari entered this mutation of change of ownership, on the basis of this Government of India notification dated 9th January, 1971. This mutation was taken up for consideration by the Tehsildar- cum-A.C. IInd Grade, Ajnala and on an objection raised by the Sarpanch, Gram Panchayat, Dial Bharang, this mutation was transferred to the A.C. Ist Grade- cum-S.D.O. (Civil), Amritsar. The A.C. Ist Grade, Amritsar after listening to both the sides, rejected this mutation, as per his order dated 28th October, 1993, with an observation that as the said "mosque" has been shown as ownership of the village Panchayat, so the mutation as entered by the halqa patwari cannot be sanctioned. tHE A.C. Ist Grade further suggested that the Wakf Board should agitate before the Collector, under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961, who is empowered to decide such issues. Against this order of A.C. Ist Grade, Amritsar, the Punjab Wakf Board filed an appeal and a revision petition before the Collector-cum-A.D.C., Amritsar and the Commissioner (Appeals), Jalandhar Division respectively, but did not succeed. Still aggrieved by this order, the present revision petition has been filed.

(3.) IN view of the above discussion, the Revenue Officers below have passed very just and legal order in this case, and the impugned order does not suffer from any illegality or material irregularity, which may call for interference at my level. Accordingly, the present revision petition is hereby dismissed. Announced.