Rajasthan High Court - Jodhpur
Antar Shah vs Raj. Board Of Muslim Wakf & Ors on 25 February, 2013
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
1
S.B. CIVIL WRIT PETITION NO.1936/2012
Antar Singh Vs. Rajasthan Board of Wakf & Ors.
Date of Order : 25.02.2013
HON'BLE MR JUSTICE VIJAY BISHNOI
Mr. Teja Ram for the petitioner.
Mr. Usman Gani for respondents.
Mr. Shankar Singh for Mr. Sandeep Bhandawat for respondents.
By this writ petition, the petitioner has challenged the order dated 7.12.2012 passed by the S.D.O. Sanchor whereby a direction for execution of the order passed by the Wakf Tribunal dated 22.7.2011 is given.
It is contended by the counsel for the petitioner that the S.D.O. has no jurisdiction to pass any order for executing the orders passed by the Wakf Tribunal. It is also contended by the learned counsel for the petitioner that as per the provisions of Sub-section (8) of Section 83 of the Wakf Act, 1995, the execution of any decision of the Tribunal is to be made by the Civil Court only and as such learned counsel for petitioner submitted that the order passed by the S.D.O. dated 7.2.2012 is without jurisdiction.
Learned counsel for respondent No.1 and counsel for respondents No.2 to 4 have also admitted before this Court that the S.D.O. has no jurisdiction to pass any order for executing any decision of Wakf Tribunal and fairly agreed that the order dated 7.2.2012 passed by the S.D.O., Sanchor is without jurisdiction.
In view of the submissions made on behalf of the learned counsel for the parties, this writ petition is allowed. The 2 order dated 7.2.2012 (Annex.7) passed by the S.D.O., Sanchor is hereby quashed and set aside. However, it is made clear that this order will not come in the way of the respondents in any other proceedings initiated by them against the petitioner.
[VIJAY BISHNOI],J.
Babulal/ 20