Waqf Nawab Ali Bahadur Vs. Mahendra Kumar Gaur & Ors.
(Arising out of S.L.P. No. 11109 of 1986)
(Arising out of S.L.P. No. 11109 of 1986)
Property situated within the boundary of the mosque – Jurisdiction of the Waqf Board to decide the question on merits cannot be taken away – Waqf Board not obliged to institute a suit.
1. Special leave granted. Heard both the sides.
2. We are of the view that while the learned Civil Judge presiding over the Waqf Tribunal was right in setting aside the notice dated 5.11.76 issued by the Collector, the Tribunal was not right in directing that Waqf Board should institute a suit even if after taking on systematic measurement of the property in possession of the respondent, it was found to be a part of the Waqf property situated within the boundary of the mosque. The jurisdiction of the Waqf Board to decide the question on merits cannot be taken away. Accordingly, we allow this appeal partly and while we confirm the order setting aside the impugned notice we modify the operative order passed by the Waqf Tribunal to the following extent:
After fresh measurements are taken and such other material as may be placed by the respondents before the Waqf Board is taken into consideration, if the Waqf Board reaches a conclusion adverse to the respondent, it will be open to the Waqf Board to act in accordance with the Waqf Act and the Waqf Board will not be obliged to institute a suit. Of course, the order passed by the Waqf Board will be subject to the appellate jurisdiction of the Waqf Tribunal.
3. The order passed by the High Court is set aside. The order passed by the Waqf Tribunal is modified to the aforesaid extent. The appeal will stand disposed of accordingly.
Appeal partly allowed.