MOHAMMAD ISLAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Writ petition No. 989/2002 is filed by Mohd. Islam and Revision Petition No. 389/2001 is filed by the Union of India. As the Hon'ble Chief Justice in the administrative side has ordered to decide this revision petition along with the aforesaid writ petition, therefore, the writ petition as well as the revision petition are being heard together finally and are being decided by this common order.

(2.) The writ petition has been preferred by one Mohd. Islam against the order dated 27-12-2001 passed by the Estate Officer (Western Railway) Jaipur whereby the Estate Officer has observed that the Rajasthan Board of Muslim Wakf has violated the agreement executed between the Wakf and the Railway and on account of breach of terms of the agreement the Secretary of the Intazamia Committee, Masjid Railway Phatak has raised certain construction, which is said to be beyond the area of wakf property. The Estate Officer of the railway while exercising power vested under Section 15 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 has observed that since the Intazamia Committee has encroached upon the railway land i.e. beyond the wakf property and ordered to remove encroachment forthwith. Since this is an interim order which has been challenged by the petitioner, therefore, the respondents have raised the objections with regard to the maintainability of the writ petition.

(3.) Learned counsel for the petitioner submits that the Estate Officer, so far as the Waqf property is concerned, is not having any authority or jurisdiction to hear such matters. It is not disputed that the Intazamia Committee executed a lease deed on 9-9-80 but it was submitted that such lease deed, which has been executed between the Intazamia Committee and the Railway is without jurisdiction and the Secretary had no locus standi to execute the alleged lease deed and be declared null and void. To this effect Rajasthan Board of Muslim has already filed a suit before the Wakf Tribunal same is pending.