ORDER 1. This revision U/S 83(9) of the Wakf Act is directed against the order dated 12.9.2002, passed by the State Wakf Tribunal, Bhopal in MJC No. 48/97. 2. Respondent Muslim Nomainda Committee, Burhanpur, through Secretary Mohd. Saeed Khan initiated proceedings before the Tribunal by filing application u/s 83 for the relief of declaration that petitioner Sindhi Cloth Market Association, Burhanpur has no right or any sort of interest over the suit land. It has been contended that Shahi lama Masjid, Chowk Bazar, Burhanpur is a wakf property. The foundation of masjid was laid in 1490 A.D. The land adjoining Shahi Jama Masjid, suit land No. 126/1 and 131, belong to the wakf aforesaid. On the basis of possession of petitioner Sindhi Cloth Market Association, respondent-State, through its officers, is contemplating to allot the suit lands No. 126/1 and 131 to the petitioner for construction of shop of which the petitioner association has no right. The application aforesaid filed by the respondent Muslim Nomainda Committee has been registered by the Tribunal as MJC No. 48/97 and has been resisted by the petitioner, contending inter alia that suit lands No. 126/1 and 131 and Nazul lands do not form part of wakf property of Shahi Jama Masjid, Burhanpur. Members of Sindhi Cloth Market Association remained in its possession being displaced persons since 1949. The controversy between Shahi Jama Masjid and the petitioner Sindhi Cloth Market Association has been finally decided by this Court in M.P. No. 4218/91 and W.P. No. 3332/95 vide order dated 13.1.1997. The respondent Muslim Nomainda Committee had no right to initiate proceedings u/s 83 of the Act and to order dated 13.1.1997 passed by the Court in M.P. No. 4218/91 and W.P. No. 3332/95 in the matter aforesaid is binding. The Tribunal below, vide impugned order dated 12.9.2002, held that the order aforesaid of this Court in M.P. No. 4218/91 and W.P. No. 3332/95 does not come in the way of respondent Muslim Nomainda Committee, Burhanpur for initiating the proceedings u/s 83. The respondent committee has a right to agitate the matter before the Tribunal. 3. M.P. No. 4218/91 was filed by the Shahi lama Masjid, Chowk Bazar, Burhanpur against the petitioner Sindhi Cloth Market Association. Similarly, W.P. 3332/95 has been preferred by the petitioner against Shahi Jama Masjid, Chowk Bazar, Burhanpur and others. The respondent committee has a right to agitate the matter before the Tribunal. 3. M.P. No. 4218/91 was filed by the Shahi lama Masjid, Chowk Bazar, Burhanpur against the petitioner Sindhi Cloth Market Association. Similarly, W.P. 3332/95 has been preferred by the petitioner against Shahi Jama Masjid, Chowk Bazar, Burhanpur and others. The petitions aforesaid were finally disposed of by a Division Bench of this Court vide order dated 13.1.1997. It has been held: "10. From these facts, it transpires that plots Nos. 126/1 and 131 are Nazul lands and they are adjacent to the Jama Masjid. It also transpires from these facts that these lands were allotted to the displaced persons/refugees for rehabilitation and they were granted temporary leases. Since then, these persons are in occupation of the shops on the basis of the temporary leases granted to them. Litigation ensured when an attempt was made to dislodge them. It transpires that the matter was heard by the Collector on remand from the Revenue Commissioner Indore, in which the members of the Jama Masjid, petitioners in M.P. No. 4218/91, also participated and extended their cooperation, but strangely enough, they again filed a petition in the year 1991 claiming ownership of both these plots of land. Petitioners in M.P. No. 4218/91 filed the petition without disclosing this development. Be that as it may, but the fact remains that both these plots of land are Nazul plots on which these displaced persons/refugees are doing their business since 1949. Now it has also been resolved by the Collector by order dated 10.2.1978 that a proper survey of all these temporary lease-holders should be made and proposals should be mooted out to the Government for grant of permanent leases to them. It is also pointed out by the State that the Revenue Commissioner has been directed to take action into the matter, but he has also not submitted his report till this date and we don't know the fate of the recommendations, if any, given by the Revenue Commissioner, Indore. Since we are satisfied that these lands were Nazullands, therefore, there is no merit in M.P. No. 4218/91 which is dismissed. 11. So far as W.P. No. 3332/95 is concerned, it is directed that the State Government, or the Revenue Commissioner, as the case may be, should consider the matter properly for grant of permanent leases to these persons in accordance with law. 11. So far as W.P. No. 3332/95 is concerned, it is directed that the State Government, or the Revenue Commissioner, as the case may be, should consider the matter properly for grant of permanent leases to these persons in accordance with law. By this order, it should not be understood to mean that we are directing for grant of permanent leases to the members of the Sindhi Association. It is for the. State Government to consider and decide whether to grant permanent leases in favour of the members of the Association or not. But whatever may be the result, the decision should be taken by the State Government within six months from the date of receipt of a copy of this order, whether to grant permanent leases or not to the lease-holders. It is also made clear that no consideration except objective consideration should weigh with the State Government. We hope and trust that the State Government would not act for any political consideration, but will act in an objective manner looking to the need of the situation." 4. Thus the contention of the petitioner is correct that the adjoining lands of Shahi Jama Masjid, No. 126/1 and 131, are Nazul lands and in no way are related to the Wakf of Shahi Jama Masjid. Members of petitioner Sindhi Cloth Market Association remained in possession of these land since the year 1949 being displaced persons/refugees. Once it has been finally decided that the suit lands do not form part of Wakf of Shahi Jama Masjid, Burhanpur, application u/s 83 before the Tribunal would not lie. U/s 83(2) any mutawalli persons interested in a wakf or any other person aggrieved by an order made under the Act or rules made thereunder may make an application with the time specified to the Tribunal for the determination of any dispute, question or other matter relating to the wakf. Since the suit lands forming Nazul land do not belong to wakf of Shahi Jama Masjid, Burhanpur, the Tribunal below had no jurisdiction to entertain application of the respondent Muslim Nomainda Committee, Burhanpur. 5. Shahi lama Masjid, Burhanpur is a registered trust and itself litigated the matter before this Court in M.P. No. 4218/91 and W.P. No. 3332/95. Muslim Nomainda Committee through its Secretary Mohd. Saeed Khan in fact has no authority to come up with the matter again to be agitated before the Tribunal. 5. Shahi lama Masjid, Burhanpur is a registered trust and itself litigated the matter before this Court in M.P. No. 4218/91 and W.P. No. 3332/95. Muslim Nomainda Committee through its Secretary Mohd. Saeed Khan in fact has no authority to come up with the matter again to be agitated before the Tribunal. The respondent committee, therefore, has' no right to initiate the proceedings U/S 83. 6. The Tribunal below erred in deciding the preliminary issues. The matter in dispute between the parties since has already been finally determined by a Division Bench of this Court in M.P. No. 4218/91 and W.P. No. 3332/95, the Tribunal below had no jurisdiction to entertain a petition' u/s 83 at the instance of respondent committee. Consequently, the revision is allowed. Order impugned passed by Tribunal below is set aside. Instead application of the respondent committee (MJC No. 48/97) stands dismissed. Respondent committee shall bear its cost and pay the cost of the petition. Counsel fee as per rules or certificate (whichever is less). …………………