AZIMUDDIN Vs. ARSHAD KAMAL

JUDGEMENT

(1.) THE petitioner herein has impugned the order issued by the Secretary, Bihar State Sunni Wakf Board, Patna, dated 23.4.1984 (Annexure -12) whereby plot no. 819 measuring 0.17 acre has been deregistered/amended as per direction of the Chairman dated 19.4.1984 under Section 28 of the Waqf Act. What is really meant by the said order is that under the orders of the Chairman the land measuring 0.17 acre out of plot no. 819 is not to be considered to be waqf property.

(2.) THE facts of the case are that, by the order dated 6.3.1973 in exercise of power under Section 78 of the Bihar Waqfs Act, 1948, the Special Officer of the Bihar Sunni Majlis -e -Awqaf, Patna, declared the properties mentioned therein, including the plot in dispute, as forming the Waqf estate of Waqf No. 1488. By the same order, a Managing Committee has been appointed Annexure IV, therefore, discloses that a waqf was recognised and registered and its properties included Khesra No. 819 having an area of 17 decimals, which is the plot in dispute. The properties were, accordingly, mutated in the revenue record in favour of the Waqf. It appears that on 10.4.1976 respondents 1 and 2 obtained a sale deed in respect of Khesra No. 819 measuring 17 decimals from the then Mutwali. This gave rise to a proceeding under Section 145 of the Code of Criminal Procedure and. in that proceeding, even a report was received that the plot in question was Waqf property. However, by order dated 14.11.1977 the Special Officer of the Board ordered deregistration of the plot in question from the waqf register. This gave rise to a protest, and an application was filed for recall of the order dated 14.11.1977. The said matter was heard. An order was thereafter passed on 28.6.1979 (Annexure -V) by the Special Officer holding that the property in dispute was waqf property, and its registration was proper. He, therefore, recalled the order dated 14.11.1977.

(3.) THIS question was raised before the Law Department as well, but the Law Department in its communication addressed to the Secretary, Bihar State Sunni Waqf Board, observed that, if any one raised a dispute with regard to property declared as waqf property, it was open to him under Section 27 of the Act to move the Civil Court.