JUDGMENT : MEHTA, J. 1. Through the medium of this writ petition in the nature of Public Interest Litigation, the petitioners have approached this Court with a prayer seeking removal of illegal possession and encroachment on Oran land of Khasra No.529, Patwar Area Asada, Tehsil Jasol, District Barmer by the respondent No.4 Rajasthan Board of Muslims, Wakfs (hereinafter referred to as ‘Wakf Board’) and to question the legality and validity of the letter/communication dated 08.01.2019 issued by the Chief Executive Officer of the Wakf Board to the District Collector, Barmer to register/enter the said khasra as Wakf property by exercising powers under Section 37 of the Wakf Act, 1995. 2. Notices of the writ petition were issued to the respondents. In the reply filed on behalf of the respondent State Government, the submissions made by the petitioners have been generally denied. However, it is pertinently averred in the reply that Khasra No.529 comprising of 38 bighas land is recorded as Gair Mumkin Oran in the revenue record and from this very khasra, 1 bigha land was previously allotted to Asada Doodh Utpadan Sahakari Samiti vide allotment order No.2892 dated 20.10.2007. Later on, the order was rescinded and the land was restored as Gair Mumkin Oran. From this very khasra, 5 bighas of land was allotted to Rajkiya Rajiv Gandhi Swarn Jayanti Pathshala and a new entry as Khasra No.529/2 was recorded in the name of the school. The remaining land i.e., 32 bighas continues to be recorded as Gair Mumkin Oran in the revenue record. 3. Reply on behalf of respondent No.4 Wakf Board has been filed by learned counsel Shri Usman Ghani wherein, the averments made in the writ petition are denied. It is submitted that the land of Khasra No.529 was given by the Jagirdar of the village to Moyala (Muslim Kumhar) community for use as burial of muslim dead bodies about 300-400 years ago. A nadi was dug up in the land so that the visitors could perform Vaju etc. After following the due process of law, an entry has been made in the register maintained under Section 26 of the Wakf Act, 1954 and Sections 36 and 37 of the Wakf Act, 1995 regarding the land in question being Wakf property. It is stated in the reply that the only remedy to challenge such entry is to approach the competent authority under the Act of 1995. It is stated in the reply that the only remedy to challenge such entry is to approach the competent authority under the Act of 1995. It is further submitted in the reply that the Board conducted a full-fledged enquiry to find out whether the property in question was a Wakf property or not and after concluding such enquiry, a lawful direction was given to register the land in question as a Wakf property. 4. The respondent No.7 Gram Panchayat, Asada has filed reply to the writ petition wherein, it is stated that right from the time of settlement and before the commencement of the Rajasthan Land Revenue Act, 1955, the land of Khasra No.529 was reserved as Gair Mumkin Oran and is meant for public utility. No one can claim right of possession or title upon such land which is reserved for public utility. 5. Looking to the contrary submissions, this Court, vide order dated 22.07.2022 directed the learned Additional Advocate General Shri Beniwal to file an affidavit of the District Collector in reference to the assertion made on behalf of the respondent No.4 that the land in question was being used as a burial ground for last 200 years. In compliance of the said direction, affidavit of the District Collector, Barmer has been filed wherein, it is stated that the record was perused in detail and a physical inspection was carried out whereafter a report (Ex.AA/1) was prepared. The inspection resulted into a finding that as per the Missal Bandobast Samvat Year 2012-13 of the Village Asada, the original Khasra No.529 was recorded as Gair Mumkin Oran. In the year 2003, 1 bigha of land was allotted to a Milk Cooperative Society. In the very same year, 5 bighas of land was allotted for the purpose of construction of school. The land allotted to the Society was reverted and re-entered in the record as Gair Mumkin Oran in the year 2007. 2.10 bighas of land of Khasra No.1714/529 is used as a burial ground and 1 bigha from the said area is being used as a temporary burial ground for expired children. 6. The land allotted to the Society was reverted and re-entered in the record as Gair Mumkin Oran in the year 2007. 2.10 bighas of land of Khasra No.1714/529 is used as a burial ground and 1 bigha from the said area is being used as a temporary burial ground for expired children. 6. During the course of arguments, Shri Moti Singh, learned counsel representing the petitioners vehemently and fervently urged that the khasra in question is recorded as Gair Mumkin Oran land in the revenue record since the time of settlement and thus, the Wakf Board had no jurisdiction to direct recording/entering of the said land as Wakf land. Reliance in this regard was placed on the Privy Council judgment in the case of the Court of Wards for the property of Makhdum Hassan Bakhsh vs Ilahi Bakhsh & Ors. (1912) UKPC 88. Shri Moti Singh also placed reliance on the Supreme Court judgment in the case of Syed Mohd. Salie Labbai (Dead) by LRs & Ors. Vs Mohd. Hanifa (Dead) by LRs and Ors. reported in AIR 1976 SC 1569 and it was urged that the direction given by the Wakf Board to register the land as Wakf property is illegal. He further urged that the respondent No.4 has not filed any supporting document with the reply to show that enquiry in terms of the Wakf Act was conducted to establish that the land in question was dedicated for use as a burial ground nor is there any plausible evidence on record to show that the entire chunk of 38 bighas was being used as a Kabristan. He thus urged that the impugned communication whereby, the District Collector, Barmer was directed to enter the land of Khasra No.529 as Wakf property is without jurisdiction and illegal. He further submitted that the khasra having been recorded as Oran (village forest) in the revenue record at the time of settlement (Samvat Year 2012-13), any attempt to change the nature of this land is illegal and contrary to law because nature of land once recorded as forest can never be changed. 7. Shri Sunil Beniwal, AAG representing the Revenue Department, with reference to the additional affidavit of the District Collector, Barmer, submitted that only 2.1 bighas of Khasra No.529 was being used as a Kabristan and thus, the State authorities have also refrained from recording the Khasra No.529 as Wakf property. 8. 7. Shri Sunil Beniwal, AAG representing the Revenue Department, with reference to the additional affidavit of the District Collector, Barmer, submitted that only 2.1 bighas of Khasra No.529 was being used as a Kabristan and thus, the State authorities have also refrained from recording the Khasra No.529 as Wakf property. 8. After arguments were concluded, this Court directed Shri Usman Ghani, Advocate representing the respondent Wakf Board to present the original record for perusal of the Court. The original record was submitted by Shri Usman Ghani to the Bench Reader on 21.10.2022. 9. We have gone through the original record. A thorough perusal thereof indicates that a prayer was made by certain villagers of Village Asada to the Wakf Board to declare the Khasra No.529 comprising of 38 bighas as Wakf property in the year 2013. Along with this application, a copy of Jamabandi was presented wherein total land of 33 bighas is shown in this Khasra and is entered as Gair Mumkin Oran. Certain photographs were also filed along with this application. The Chief Executive Officer forwarded notices to the Tehsildar concerned for publication in the village. As per the proceeding-sheet dated 28.03.2014, the matter pertaining to the land in question was reported to be lis pendense before the Rajasthan Wakf Tribunal wherein, a status quo order was passed and thus, the decision was deferred. A noting dated 22.03.2017 was recorded on the file that no objections had been received despite publication of notices with intent to declare the property in question as Wakf property. Matter relating to the land in question was pending before the Tribunal and thus, legal opinion was sought. On 24.03.2017, it was noted that 33 bighas of land of the Khasra in question was reported to be Kabristan and accordingly, an order was passed on 28.03.2017 by the Chief Executive Officer entering the land of khasra No.529 as Kabristan in the register maintained under Section 37 of the Wakf Act, 1995 and the decision was conveyed to the Tehsildar, Pachpadra for consequential changes in the revenue record. 10. 10. On a perusal of the original record received from the Wakf Board, it becomes clear that the direction to enter the land of Khasra No.529 as Wakf property in the register maintained under Section 37 of the Wakf Act, 1995 was given without finding out the fate of litigation which was reportedly pending before the Wakf Tribunal. 11. Section 14 of the Wakf Act, 1995 prescribes the composition of a Wakf Board and it reads as below:- “14. Composition of Board - (1). The Board for a State and the Union territory of Delhi* shall consist of- (a) a Chairperson; (b) one and not more than two members, as the State Government may think fit, to be elected from each of the electoral colleges consisting of- (i) Muslim Members of Parliament from the State or, as the case may be, the Union territory of Delhi*, (ii) Muslim Members of the State Legislature, (iii) Muslim Members of the Bar Council of the State, and (iv) mutawallis of the wakfs having an annual income of rupees one lakh and above; (c) one and not more than two members to be nominated by the State Government representing eminent Muslim organisations; (d) one and not more than two members to be nominated by the State Government, each from recognised scholars in Islamic Theology; (e) an officer of the State Government not below the rank of Deputy Secretary.” 12. Section 23 prescribes the procedure for appointment of a Chief Executive Officer and the same reads as below:- “23. Appointment of Chief Executive Officer and his term of office and other conditions of service.- (1) There shall be a Chief Executive Officer of the Board who shall be a Muslim and shall be appointed by the State Government, in consultation with the Board, by notification in the Official Gazette. (2) The term of office and other conditions of service of the Chief Executive Officer shall be such as may be prescribed. (3) The Chief Executive Officer shall be ex officio Secretary of the Board and shall be under the administrative control of the Board.” 13. The powers and duties of the Chief Executive Officer are defined under Section 25 of the Act of 1995 which reads as below:- “25. (3) The Chief Executive Officer shall be ex officio Secretary of the Board and shall be under the administrative control of the Board.” 13. The powers and duties of the Chief Executive Officer are defined under Section 25 of the Act of 1995 which reads as below:- “25. Duties and powers of Chief Executive Officer.- (1) Subject to the provisions of this Act and of the rules made thereunder and the directions of the Board, functions of the Chief Executive Officer shall include- (a) investigating the nature and extent of wakfs and wakf properties and calling whenever necessary, an inventory of wakf properties and calling, from time to time, for accounts, returns and information from mutawallis; (b) inspecting or causing inspection of wakf properties and account, records, deeds or documents relating thereto; (c) doing generally of such acts as may be necessary for the control, maintenance and superintendence of wakfs. (2) In exercising the powers of giving directions under subsection (1) in respect of any wakf, the Board shall act in conformity with the directions by the wakf in the deed of the wakf, the purpose of wakf and such usage and customs of the wakf as are sanctioned by the school of Muslim law to which the wakf belongs. (3) Save as otherwise expressly provided in this Act, the Chief Executive Officer shall exercise such powers and perform such duties as may be assigned to him or delegated to him under this Act.” 14. Under Section 32 of the Act of 1995, only the Wakf Board has been given the power to declare any property to be a Wakf property and to administer the same. Apparently thus, the Chief Executive Officer has no power under the Wakf Act, 1995 to issue any declaration of a property to be a Wakf property. On a perusal of the original record, it becomes clear that no meeting whatsoever was ever held of the Wakf Board for the purpose of declaration of the land in question to be Wakf property. Furthermore, the so-called enquiry made by the Chief Executive Officer and the minutes recorded therein do not give any indication that the Chief Executive Officer had any plausible evidence regarding the entire chunk of Khasra No.529 being used as a Kabristan. Furthermore, the so-called enquiry made by the Chief Executive Officer and the minutes recorded therein do not give any indication that the Chief Executive Officer had any plausible evidence regarding the entire chunk of Khasra No.529 being used as a Kabristan. Apparently thus, the direction given by the Chief Executive Officer to the Tehsildar concerned conveying its decision to enter the land of Khasra No.529 as Wakf land is totally illegal and without jurisdiction. 15. Law is well settled by a catena of judgments of the Hon’ble Supreme Court and this Court that nature of land entered as forest in the revenue records cannot be altered. Reference in this regard may be had to regular directions given by Hon’ble the Supreme Court in the case of In Re T.N. Gondavarman Thirumulpad vs. Union of India (WP (Civil) No.202 of 1995). 16. Consequently, we are of the firm opinion that apart from the fact that there is no valid decision of the Wakf Board justifying the attempted declaration of land in question to be a Wakf property, in addition thereto, no such direction is permissible in view of the directions given by Hon’ble Supreme Court in the case of T.N. Gondavarman Thirumulpad (supra). The communication dated 08.01.2019 forwarded by the Chief Executive Officer, Wakf Board to the Tehsildar Pachpadra is illegal and without jurisdiction and hence the same is quashed. Consequently, the respondents are restrained from making any effort to enter the land of Khasra No.529 as Wakf property. At the same time, we hereby observe that land admeasuring 2.1 bighas referred to in the factual report annexed with the additional affidavit of the District Collector, Barmer shall be continued to be used as a burial place. These directions would not preclude the right of the Muslim population of the village Asada to make a request for a dedicated burial ground. 17. The original record shall be returned to Shri Usman Ghani, Advocate representing the respondent No.4. 18. With the above observations and directions, the writ petition is allowed.