that Wakf properties
are dedicated to God and the “Wakif” or dedicator, does not retain any
title over the Wakf properties. As far as Trusts ... Trusts
and Wakfs may be thin, but the main factor always is that while Wakf
properties vest in God Almighty, the Trust properties
lands and the alienation in favour of respondents is illegal. They sought for a
declaration that Manikonda lands are registered wakf properties attached ... against the interest of the wakf properties. ... ...
Since the writ petition filed by respondent No.1 questioning the alienation of
land or the Corporation
Wakf Act, 1995 (Act 43 of 1995), all the wakf properties
should be notified. If any properties are left out, then as per Section ... that granting innocuous injunction that the first respondent should not
alienate the wakf properties, might not be injurious to the first respondent,
but the Court
owner of the
property. The rent receipts show that the property belongs to wakf
and it can not be alienated. The defendant never admitted ... embargo that where the alienation of wakf
property is without sanction of the wakf board, the alienation of
property is a void. In the present
possession of the wakf properties. The said two brothers registered the
properties as wakf properties with the Tamil Nadu Wakf Board. It is stated that ... alienate the
wakf properties. Therefore, he filed said WOP with a prayer to declare that
the properties are wakf properties and also to grant
alienating the Wakf property without prior permission of the
Wakf Board as envisaged under Section 51 of The Wakf Act, 1995.
Petitioner
has approached this ... petitioner by the Wakf Board.
Shri
Kharadi for the petitioner submitted that the property of wakf
cannot be alienated by respondent
function as Muthavallee of the Wakf.
3 I submit that the above Wakf is possessed with vast properties and the same are in encroachment ... further he was thoroughly mismanaging the affairs of the Wakf by alienating the Wakf properties, creating unlawful encumbrances in respect of the Wakf properties
withdrawn. After
the death of the pattadar, his legal heirs alienated the property in favour of
third parties in 1999. The petitioners purchased these lands ... acquisition of the land is incorrect. A wakf is always
wakf and any alienation of its property is void. Regulation 10-A of the
Commutation
respondent no. 1
to manage the Wakf property.
It is informed by the learned counsel for the Wakf
Board that the committees have been appointed ... petitioner that
he shall not dispose of or alienate any of the immoveable
property of the wakf without seeking prior permission of this
court
frame the scheme, but with liberty to the
respondents to approach the Wakf Tribunal within a period of two
months to redress their grievance ... show that the Wakf is to be managed by a hereditary Muthavalli.
Certain items of properties were found alienated. Therefore, the
Board arrived
