Madhya Pradesh High Court
The State Of Madhya Pradesh vs Managing Committee Waqf Dargah Baba ... on 16 December, 2024
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
1 CR-312-2015
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CR No. 312 of 2015
(THE STATE OF MADHYA PRADESH AND OTHERS Vs MANAGING COMMITTEE WAQF DARGAH BABA
SYED MOHAMMAD SHAH @ BALJATI SHAH (DHAMOUNDI) AND OTHERS )
Dated : 16-12-2024
Shri Ramji Pandey - Government Advocate for petitioners/State.
None for the respondents.
Shri K.N.Pethia - Advocate for the intervenor.
Heard on I.A. No.25555/2024, which is an application for intervention in the instant civil revision, filed on behalf of Archaeological Survey of India.
Learned counsel for the intervenor submits that the property in question is owned by the Archaeological Survey of India, therefore, Waqf Tribunal has committed illegality in holding the suit property belonging to the Waqf and he submits that because deliberately the applicant/intervenor/Archaeological Survey of India was not made party to the suit before the Waqf Tribunal, therefore, the intervenor should be made party in the civil revision as applicant No.6. He submits that the order passed by Waqf Tribunal can be challenged by the applicant even by way of present civil revision.
In support of his submissions, learned counsel for the applicant/intervenor placed reliance on a decision in the case of Mukhtiyar Mohammad vs. Panna Lal and Ors. AIR 1985 Madhya Pradesh 122 and prays for allowing the application.
Learned counsel appearing on behalf of the petitioners/State opposes Signature Not Verified Signed by: SWETA SAHU Signing time: 12/17/2024 5:52:18 PM 2 CR-312-2015 the prayer made on behalf of the intervenor and prays for dismissal of the application.
Heard learned counsel for the parties and perused the record. By the order impugned in this civil revision passed by M.P. State Waqf Tribunal, Bhopal, Tribunal while passing the order dtd.11.05.2015 has declared the suit property as Waqf property and the same has been challenged by the State Government by way of instant civil revision.
In my considered opinion even though the applicant/Archaeological Survey of India may be owner of the property in question, in the present civil revision which is pending since 2015 the intervenor/Archaeological Survey of India cannot be made party as applicant No.6, that too against the wishes of the petitioners/State of M.P. Accordingly, the application, I.A. No.25555/2024 is dismissed.
(DWARKA DHISH BANSAL) JUDGE ss Signature Not Verified Signed by: SWETA SAHU Signing time: 12/17/2024 5:52:18 PM