Shri. Md. Saleem vs . State Of Meghalaya & Ors on 26 September, 2018

[Cites 4, Cited by 1]

Meghalaya High Court

Shri. Md. Saleem vs . State Of Meghalaya & Ors on 26 September, 2018

Equivalent citations: AIRONLINE 2018 MEG 178

Bench: S.R. Sen

                                           1



Serial No. 11
Regular List
                           HIGH COURT OF MEGHALAYA
                               AT SHILLONG

   WP(C) No. 107 of 2016
                                                   Date of Decision: 26.09.2018
   Shri. Md. Saleem                  Vs.           State of Meghalaya & Ors
   Coram:
                 Hon'ble Mr. Justice S.R. Sen, Judge (Oral)
   Appearance:
   For the Petitioner(s)        :    Mr. K. Paul, Adv.
   For the Respondent(s)        :    Mr. K.P. Bhattacharjee, GA. (For R 1 & 4)

Ms. Tenzing Yangkyi, Adv. (For R 2 & 3)

i) Whether approved for reporting in Yes/No Law journals etc.:

ii) Whether approved for publication in press: Yes/No

1. Heard Mr. K. Paul, learned counsel appearing on behalf of the petitioner as well as Mr. K.P. Bhattacharjee, learned GA appearing on behalf of the respondent No. 1 & 4 and Ms. Tenzing Yangkyi, learned counsel appearing on behalf of the respondent No. 2 & 3.

2. The brief fact of the petitioner's case in a nutshell is that:

"This is an application under Article 226 of the Constitution of India for issuance of a writ in the nature of Mandamus / Prohibition or any other writ or directions/ orders.

The brief facts of the case are that the Petitioner is the owner of the property, alleged to be as Wakf property under administration and control of the Meghalaya State Wakf Board. That the Meghalaya Wakf Board (Respondent No. 2), not acting in compliance with the express provision of the Wakf Act of 1954 as well the Act of 1995 as amended by the Wakf (Amendment) Act 2013, has been managing the Wakf properties illegally constituted. Furthermore, no survey of Wakf or registration of Wakfs has been done in the State of Meghalaya till date and the Respondent 2 authorities has been illegally usurping office and continuing to exercise powers under the Wakf Act, inspite of there being no rules/regulations , etc for exercise of powers by the Meghalaya Board of Wakf.

Thus being highly dissatisfied and aggrieved by the absolute non observance of the statutory requirements stipulate under law by the Respondents and illegal, arbitrary and unconstitutional action of the Respondents, the petitioner approaches this Hon'ble Court for redressal of his genuine grievances."

3. Learned counsel for the petitioner submits that till date the Government has failed to constitute the Survey Commissioner of Wakfs property as required under Sections 4 and 5 of the Wakf Act, 1995. As a result, the Wakf Board unnecessarily harassed the petitioner, though it does not fall as the Wakf property.

4. The learned GA also submits that he is not aware about the current situation whether the Survey Commissioner has been appointed or not. If it is so, the State Government of Meghalaya is hereby directed to constitute the Survey Commissioner of Wakf property as required under Section 4 and publication of list of Wakf as required under Section 5 of the Wakf Act, 1995 within 15(fifteen) days from the date of receipt of a copy of this judgment and order.

5. In the meantime, the Wakf Board is directed not to interfere with the property of the petitioner.

6. With this observation and direction the petition is allowed and stands disposed of.

(S.R. Sen) Judge Meghalaya 26.09.2018 "D. Nary, PS"

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