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2014 DIGILAW 2331 (ALL)

Mohd. Aslam v. Civil Judge (Sr. Div. )/Waqf Tribunal

2014-08-05

RAJAN ROY

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JUDGMENT Hon'ble Rajan Roy, J. Heard learned counsel for the petitioner. 2. A reference has been made at the behest of the petitioner under Section 83 of the Waqf Act, which is pending consideration before Civil Judge (S.D.), Moradabad/ Wakf Trubunal, Moradabad. Earlier, the petitioner had approached this court for expeditious disposal of the reference in the year 2012 but the writ petition was dismissed on the ground that no valid reason has been placed before the court for time bound disposal of the reference. 3. Learned counsel for the petitioner has invited attention of the court to the provisions of Section 84 of the Waqf Act, 1995, which reads as under: “84. Tribunal to hold proceedings expeditiously and to furnish to the parties copies of its decision.- Whenever an application is made to a Tribunal for the determination of any dispute, question or other matter relating to a Wakf or Wakf property it shall hold its proceedings as expeditiously as possible and shall as soon as practicable on the conclusion of the hearing of such matter give its decision in writing and furnish a copy of such decision to each of the parties to the dispute”. 4. The learned counsel for the petitioner has also placed before the court another judgment dated 26.09.2012 involving similar issue wherein after considering a division bench judgment of this court in the case of Kumari Shobha Bose Vs. J.S.C.C., 2010 (1) ADJ 531 , the court held as under: "However, as the object of the Wakf Act, 1995 is to ensure speedy disposal of all disputes relating to the Wakf and Section 84 of the Act provides that the tribunal seized with such disputes shall hold its proceedings as expeditiously as possible, the petition is disposed of with liberty to the petitioner to make proper application in this regard before the tribunal itself. In the event such an application is filed, the tribunal would consider it and ensure the expeditious disposal of the appeal following the mandate of Section 84 of the Act. " 5. The learned counsel for the petitioner also submitted that in fact 6-C application for grant of temporary injunction/ interim order has also not been disposed of by the Tribunal till date. The learned counsel invited attention of the court to the order-sheet of the reference, which has been annexed as Annexure-3 to the writ petition. " 5. The learned counsel for the petitioner also submitted that in fact 6-C application for grant of temporary injunction/ interim order has also not been disposed of by the Tribunal till date. The learned counsel invited attention of the court to the order-sheet of the reference, which has been annexed as Annexure-3 to the writ petition. The said order-sheet discloses that even after the disposal of the earlier writ petition on 24.09.2012, the matter is being adjourned on one pretext or the other in a casual manner. Fresh cause of action has arisen in favour of the petitioner after dismissal of the earlier writ petition on 24.09.2012. 6. In view of the above and considering the facts and circumstances of the case, the court is of the view that Tribunal is under a statutory obligation to decide the reference keeping in mind the statutory provisions contained under Section 8 of the Wakf Act, 1995. 7. As there is a statutory provision for expeditious disposal of the reference, Civil Judge (S.D.), Moradabad/ Wakf Trubunal Moradabad is directed to decide the said reference in question expeditiously say within a period of six months, if there is no legal impediment in this regard. 8. Writ Petition is accordingly disposed of.