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2003 DIGILAW 180 (RAJ)

Moda Ram v. Rajasthan Board of Muslim Wakf

2003-02-05

SUNIL KUMAR GARG

body2003
JUDGMENT 1. - This writ petition u/Arts. 226 & 227 of the Constitution of India has I been filed by the petitioner-defendant against the respondents with the prayer that by an appropriate writ, order or direction, the impugned order dated 26.2.1986 (Ex.9) passed by the respondent No. 4 Estate Officer (Wakfs), Jodhpur by which on an application filed u/O. 39 Rr. 1 & 2 CPC along with Section 151 CPC in the application Li/Ss. 4, 5, 6, 7 & 8 of the Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964 (hereinafter referred to as the Act of 1964") filed by the respondents No. 2 & 3, the present petitioner-Modaram was restrained from making any construction over the land in dispute and he was further restrained from disposing of land to in dispute (219 bighas 14 biswas of Khasra No. 1675), while exercising power under section 151 CPC, be quashed and set aside. 2. In short, the facts of the case are that the respondents No. 2 & 3 claiming themselves to be Mutwalli of Jama Masjid and Takiya Miya Motanshah, filed an application under sections 4, 5, 6, 7 & 8 of the Act of 1964 before 15 the respondent No. 4 Estate Officer for dispossession of the present petitioner from the disputed land on the ground that he was an unauthorised occupant of the disputed land 3. During the pendency of the above proceedings, an application u/O. 39 Rr. 1 & 2 CPC along with Section 151 CPC was also filed by the respondents No. 2 and 3 and the same was disposed of by the Estate Officer (Wakfs), Jodhpur (respondent No. 4) through impugned order Ex.9 dated 26.2.1986 holding inter alia that the application u/O. 39 Rr. 1 & 2 CPC was not maintainable before him, but he can pass order under section 151 CPC and, therefore, exercising power under section 151 CPC. the respondent No. 4 Estate Officer restrained the present petitioner from making any construction over the land in dispute and he was further restrained from disposing of the land in dispute. 4. In this writ petition, the above order Ex.9 has been challenged by the petitioner on various grounds. 5. I have heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents and gone through the materials available on record. 6. 4. In this writ petition, the above order Ex.9 has been challenged by the petitioner on various grounds. 5. I have heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents and gone through the materials available on record. 6. It may be stated here that this Court on 15.7.1987 while admitting this writ petition passed stay order on the stay petition by which the operation of the impugned order Ex.9 was stayed and that stay order is still in force today. Apart from this, the record of the proceedings pending before the respondent No. 4 Estate Officer (Wakfs) was also called for and the same is lying with this Court. 7. It may further be stated here that the main proceedings are still pending and since the record is lying with this Court, therefore, no progress has taken place in the main proceedings before the respondent No. 4 Estate Officer (Wakfs). 8. Thus, looking to the entire facts and circumstances of the case and the fact that long time has passed and the operation of the impugned order Ex.9 was stayed by this Court on 15.7.1987 and that stay order is in force today, therefore, it would be better that the record be sent back to the respondent No. 4 Estate Officer (Wakfs) Jodhpur with a direction to decide the main application of the respondents No. 2 & 3 on merits in accordance with law within a period of six months from today and till then, the stay order passed by this Court on 15.7.1987 shall remain in force.Accordingly this writ petition is disposed of in the manner that the respondent No. 4 Estate Officer (Wakfs), Jodhpur is directed to decide the main application of the respondents No. 2 and on merits in accordance with law within a period of six months from today and till then, the stay order passed by this Court on 15.7.1987 shall remain in force. The parties are directed to appear before the respondent No. 4 Estate Officer (Wakfs), Jodhpur on 20.2.2003 and they may take all objections before him. The record be sent back to the respondent No. 4 Estate Officer (Wakfs), Jodhpur immediately.Writ Petition Disposed of As Above. *******