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Madhya Pradesh High Court · body

2001 DIGILAW 532 (MP)

Abdul Sattar v. State of M. P.

2001-07-23

S.B.SAKRIKAR

body2001
JUDGMENT The petitioner-appellant has directed this revision against the order dated 9.5.2000 passed by Xth ADJ, Indore, in Civil Misc. Appeal No.53/99, thereby rejecting applicant's application for transfer of the ending appeal to Wakf Tribunal u/ss 6(1) and 6(5) of the M.P. Wakf, Amendment Ordinance, 1994. Considering the submissions of the LC and on perusal of the order impugned, as also the order dated 15.9.1998 passed by this Court in Civil Revision No. 474/98, it emerged that on the earlier occasion, an application of a similar nature was filed on behalf of the present applicant seeking transfer of the pending appeal to Wakf Tribunal under the provisions of section 55- G of the M.P. Wakf Amendment Act, 1994. On the said application, the learned appellate Court, by order dated 31.3.1997, allowed the application filed by the applicant and directed transfer of the pending appeal to Wakf Tribunal. A revision petition was filed against the aforesaid order of the' 1st appellate Court on behalf of respondent No. 2 and the said revision was allowed by the orders of this Court dated 15.9.1998 in Civil Revision no. 474/98, setting aside the order of the 1st appellate Court and holding that the provisions of section 55-G of the Wakf Act of 1994 shall not apply to the pending appeal and directed the appellate Court to decide the appeal in accordance with the law, keeping in view the provisions of Wakf Act, 1954 and the M.P. Amendment Act of 1994. On perusal, it emerged that after the disposal of the said revision, the applicant has again filed application before the appellate Court practically on the similar grounds for transfer of the appeal to the Wakf Tribunal. The learned appellate Court, by the impugned order, dismissed the said application of the appellant. Hence this revision. On perusal of the impugned order, it emerged that the learned appellate Court, dismissed the application filed on behalf of the applicant for transfer of the appeal giving different reasons for the dismissal of the application. The learned appellate Court applied the provisions of the Wakf Act, 1954 to the case on hand and dismissed the application of the applicant. On perusal of the impugned order, it emerged that the learned appellate Court, dismissed the application filed on behalf of the applicant for transfer of the appeal giving different reasons for the dismissal of the application. The learned appellate Court applied the provisions of the Wakf Act, 1954 to the case on hand and dismissed the application of the applicant. In view of the earlier order of this Court, dated 15.9.1998, in Civil Revision No. 474/98, I do not find any reason to interfere in the order impugned of the appellate Court refusing transfer of the pending appeal to the Wakf Tribunal. In view of the earlier order of this Court, I do not consider it necessary at this stage to record any finding on the point that whether the provisions of Wakf Act of 1995 (Act No. 43/95) applied to the instant case. But even applying section 55-G of the M.P. Wakf Amendment Act, 1994, the appeal pending before the appellate Court is within its competence. As such, this revision petition being devoid of any merit and substance, is accordingly dismissed. The 1st appellate Court is directed to dispose of the pending appeal in accordance with the directions given by this Court in order dated 15.9.1998 in Civil Revision No. 474/98. No order as to costs.