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1 - 10 of 15 (0.28 seconds)Section 5 in The Wakf Act, 1995 [Entire Act]
Article 226 in Constitution of India [Constitution]
Section 6 in The Wakf Act, 1995 [Entire Act]
Section 5 in The Companies Act, 1956 [Entire Act]
Section 83 in The Wakf Act, 1995 [Entire Act]
Section 4 in Indian Companies Act, 1913 [Entire Act]
B. Gowra Reddy vs Government Of Andhra Pradesh Rep. By Its ... on 4 January, 2002
4. The learned counsel appearing for the petitioner, by relying on
the provisions under Section 4 of the Wakf Act, 1995, submits that in the
event, if the respondents declare the property as wakf property, they
ought to have conducted a preliminary enquiry as required under Section
4 of the said Act and shall publish the list of auqaf, as per Section 5 of
the Wakf Act, 1959 and only thereafter, the Notification can be made. In
5/18
https://www.mhc.tn.gov.in/judis
W.P(MD).Nos.2077 and 2079 of 2020
this case, there was no survey conducted. The learned counsel has also
relied on the judgment of the High Court of Andhra Pradesh in the case
of B.Gowra Reddy vs. Government of Andhra Pradesh reported in AIR
2002 AP 313, wherein, the High Court of Andhra Pradesh, following the
judgment of the Hon'ble Supreme Court of India in the case of Muslim
Wakfs Board, Rajasthan vs. Radha Kishan, has held as follows:
Indian Companies Act, 1913
Board Of Muslim Wakfs, Rajasthan vs Radha Krishna & Ors on 24 October, 1978
29. As held by the Supreme Court in MUSLIM WAF BOARD
case (1 supra), the proceedings under Section 4 of the Act are not
administrative proceedings and they are quasi-judicial proceedings
and there is no record to show that a notice was issued to either Mr.
Rangaiah or his son Mr. Lakshmaiah at any point of time and no
information is forthcoming as to what type of enquiry was conducted
by the Survey Commissioner, which is required to be conducted
under Section 4 of the Act. Admittedly, the Survey Commissioner was
vested with the powers of a civil Court while conducting the enquiry
under Section 4 of the Act and he has the powers to summon even the
persons who are sought to be interested in the litigation. That is the
reason why more importance was given to the report of the Survey
Commissioner rather than the publication under Section 5 of the Act
as it is a consequential action pursuant to the report of the Survey
Commissioner and its examination by the Wakf Board. It is not in
dispute that the notification was issued in 1989, but the pre-requisite
for issuing the notification is the enquiry, which is contemplated
under Section 4(3) of the Act. The letter of the Deputy Tahsildar
dated 24-7-1967 reads thus: