BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) ACTION of the Wakf Board is under consideration in these matters - One writ petition preferred by Bhanwarlal (now deceased) having No. 6233/1991, another is regular first appeal having No. 29/1991 preferred by Dil Azad Khan and two revision petitions having No. 622/1991 and 623/1991 preferred by Rajasthan Board of Muslim Wakf (for short `wakf Board' ).

(3.) THE learned District Judge also took note of the fact that the earlier action was taken on the basis of entry No. 77 whereas now action has been initiated treating the property to be covered under entry No. 62. THE learned District Judge observed that the decisions given by the District Collector as well as Wakf Board were without holding any enquiry and, therefore, only on this ground, the orders of the District Collector dated 1. 4. 1979 as well as of Wakf Board dated 21. 4. 1980 were quashed. However, the learned District Judge by the impugned order dated 13. 8. 1991 after quashing orders of eviction of said persons, remanded the matter to the Wakf Board for holding fresh enquiry after giving full opportunity to both the appellants and thereafter to pass appropriate orders.