DHANNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Through the medium of this writ petition in the nature of Public Interest Litigation, the petitioners have approached this Court with a prayer seeking removal of illegal possession and encroachment on Oran land of Khasra No.529, Patwar Area Asada, Tehsil Jasol, District Barmer by the respondent No.4 Rajasthan Board of Muslims, Wakfs (hereinafter referred to as 'Wakf Board') and to question the legality and validity of the letter/communication dtd. 8/1/2019 issued by the Chief Executive Officer of the Wakf Board to the District Collector, Barmer to register/enter the said khasra as Wakf property by exercising powers under Sec. 37 of the Wakf Act, 1995.

(2.) Notices of the writ petition were issued to the respondents. In the reply filed on behalf of the respondent State Government, the submissions made by the petitioners have been generally denied. However, it is pertinently averred in the reply that Khasra No.529 comprising of 38 bighas land is recorded as Gair Mumkin Oran in the revenue record and from this very khasra, 1 bigha land was previously allotted to Asada Doodh Utpadan Sahakari Samiti vide allotment order No.2892 dtd. 20/10/2007. Later on, the order was rescinded and the land was restored as Gair Mumkin Oran. From this very khasra, 5 bighas of land was allotted to Rajkiya Rajiv Gandhi Swarn Jayanti Pathshala and a new entry as Khasra No.529/2 was recorded in the name of the school. The remaining land i.e., 32 bighas continues to be recorded as Gair Mumkin Oran in the revenue record.

(3.) Reply on behalf of respondent No.4 Wakf Board has been filed by learned counsel Shri Usman Ghani wherein, the averments made in the writ petition are denied. It is submitted that the land of Khasra No.529 was given by the Jagirdar of the village to Moyala (Muslim Kumhar) community for use as burial of muslim dead bodies about 300-400 years ago. A nadi was dug up in the land so that the visitors could perform Vaju etc. After following the due process of law, an entry has been made in the register maintained under Sec. 26 of the Wakf Act, 1954 and Ss. 36 and 37 of the Wakf Act, 1995 regarding the land in question being Wakf property. It is stated in the reply that the only remedy to challenge such entry is to approach the competent authority under the Act of 1995. It is further submitted in the reply that the Board conducted a full-fledged enquiry to find out whether the property in question was a Wakf property or not and after concluding such enquiry, a lawful direction was given to register the land in question as a Wakf property.