Court : Madhya Pradesh
..... been afforded a reasonable opportunity to file a written statement/ reply in a proceeding initiated under section 54 of the wakf act, 1995; petitioner has filed this petition seeking quashment of orders annexure p 1 a and p 1 b; (whereby the right to file written statement/reply has been closed) ..... and others).said writ petition was a public interest litigation seeking direction for removal of encroachment over 40 acres of wakf property; wherein, the division bench after taking into consideration the rival submissions, disposed of the petition in following terms ..... are adequate provisions in the wakf act for removal of encroachment, if any, on the wakf property. ..... wakf board has already initiated action for removal of the encroachment in accordance with the provisions of the wakf act. ..... is in furtherance to said direction, the wakf board has initiated the proceedings under section 54 of 1995 act. ..... though it is contended that, the chief executive officer, has acted arbitrarily in not giving the opportunity to file written statement/reply, the contentions are ..... proceedings for eviction of the petitioner from wakf property emanates from the order dated 19.10.2012 passed in writ petition ..... the given facts wherein the petitioner has been noticed as an encroacher of wakf property, the petitioner canno. ..... of the reply, it is directed that the state government shall provide adequate police protection to the wakf board for removal of the encroachment in accordance with the law on the wakf property. .....
Tag this Judgment!Court : Madhya Pradesh
..... been afforded a reasonable opportunity to file a written statement/ reply in a proceeding initiated under section 54 of the wakf act, 1995; petitioner has filed this petition seeking quashment of orders annexure p 1 a and p 1 b; (whereby the right to file written statement/reply has been closed) ..... and others).said writ petition was a public interest litigation seeking direction for removal of encroachment over 40 acres of wakf property; wherein, the division bench after taking into consideration the rival submissions, disposed of the petition in following terms ..... are adequate provisions in the wakf act for removal of encroachment, if any, on the wakf property. ..... wakf board has already initiated action for removal of the encroachment in accordance with the provisions of the wakf act. ..... is in furtherance to said direction, the wakf board has initiated the proceedings under section 54 of 1995 act. ..... though it is contended that, the chief executive officer, has acted arbitrarily in not giving the opportunity to file written statement/reply, the contentions are ..... proceedings for eviction of the petitioner from wakf property emanates from the order dated 19.10.2012 passed in writ petition ..... the given facts wherein the petitioner has been noticed as an encroacher of wakf property, the petitioner canno. ..... of the reply, it is directed that the state government shall provide adequate police protection to the wakf board for removal of the encroachment in accordance with the law on the wakf property. .....
Tag this Judgment!Court : Madhya Pradesh
..... been afforded a reasonable opportunity to file a written statement/ reply in a proceeding initiated under section 54 of the wakf act, 1995; petitioner has filed this petition seeking quashment of orders annexure p 1 a and p 1 b; (whereby the right to file written statement/reply has been closed) ..... and others).said writ petition was a public interest litigation seeking direction for removal of encroachment over 40 acres of wakf property; wherein, the division bench after taking into consideration the rival submissions, disposed of the petition in following terms ..... are adequate provisions in the wakf act for removal of encroachment, if any, on the wakf property. ..... wakf board has already initiated action for removal of the encroachment in accordance with the provisions of the wakf act. ..... is in furtherance to said direction, the wakf board has initiated the proceedings under section 54 of 1995 act. ..... though it is contended that, the chief executive officer, has acted arbitrarily in not giving the opportunity to file written statement/reply, the contentions are ..... proceedings for eviction of the petitioner from wakf property emanates from the order dated 19.10.2012 passed in writ petition ..... the given facts wherein the petitioner has been noticed as an encroacher of wakf property, the petitioner canno. ..... of the reply, it is directed that the state government shall provide adequate police protection to the wakf board for removal of the encroachment in accordance with the law on the wakf property. .....
Tag this Judgment!Court : Madhya Pradesh
..... been afforded a reasonable opportunity to file a written statement/ reply in a proceeding initiated under section 54 of the wakf act, 1995; petitioner has filed this petition seeking quashment of orders annexure p 1 a and p 1 b; (whereby the right to file written statement/reply has been closed) ..... and others).said writ petition was a public interest litigation seeking direction for removal of encroachment over 40 acres of wakf property; wherein, the division bench after taking into consideration the rival submissions, disposed of the petition in following terms ..... are adequate provisions in the wakf act for removal of encroachment, if any, on the wakf property. ..... wakf board has already initiated action for removal of the encroachment in accordance with the provisions of the wakf act. ..... is in furtherance to said direction, the wakf board has initiated the proceedings under section 54 of 1995 act. ..... though it is contended that, the chief executive officer, has acted arbitrarily in not giving the opportunity to file written statement/reply, the contentions are ..... proceedings for eviction of the petitioner from wakf property emanates from the order dated 19.10.2012 passed in writ petition ..... the given facts wherein the petitioner has been noticed as an encroacher of wakf property, the petitioner canno. ..... of the reply, it is directed that the state government shall provide adequate police protection to the wakf board for removal of the encroachment in accordance with the law on the wakf property. .....
Tag this Judgment!Court : Madhya Pradesh
..... interim stay was passed and the learned tribunal has rejected the same and for rejecting the application for stay two reasons are given: the firs.reason is that under section 67(4) of the wakf act, 1995 there is no provision for stay. ..... for the purpose of managing the property in question, an order has been passed by the wakf board, appointing a committee and challenging the same the appeal has been filed before the tribunal, which is pending. ..... challenging an interlocutory order passed by the wakf tribunal on 4.2.2013, refusing to grant stay in an appeal proceedings pending before the wakf tribunal, this writ petition has been filed. ..... versus mp wakf board and others 22.02.2013. .....
Tag this Judgment!Court : Madhya Pradesh
..... _________________________________________________________ order (13/02/2013) this revision has been filed under section 115 of cpc however this court has treated this revision to be under section 83 of the wakf act, 1995.2. ..... filed by the applicant-plaintiff (2) civil revision no.1401/2002 that he is owner of the suit property, the description whereof has been mentioned in the plaint and which is the subject matter of the suit, however, learned wakf tribunal vide impugned order dated 19.07.2002 passed in case no.899/1995 did not find title of the applicant to be proved, hence dismissed the suit.3. ..... the contention of learned counsel for applicant is that indeed under the bhopal land revenue and tenancy act, 1932 the applicant is muafidar and thus he is the title holder and owner of the suit property.5. ..... cogent reasons have been assigned by the learned wakf tribunal dismissing the suit and therefore no interference is called for in this revision application.6. ..... wakf board, bhopal _________________________________________________________ shri z.m. .....
Tag this Judgment!Court : Madhya Pradesh
..... the petition filed by the petitioner is opposed by the respondents on the ground of alternative remedy being available to the petitioner under the provisions of section 83 of the m.p.wakf act 1995. ..... however, looking to the fact that this court by interim order dated 29.12.2011 has already stayed operation of the impugned order passed by the wakf board on 04.11.2011, it is directed that the aforesaid interim order staying operation of the impugned order dated 04.11.2011 shall continue to remain in operation for a period of four weeks within which period the petitioner may approach ..... w.p.no.22063/2011 (ajam khan versus chairman m.p.wakf board and others.29.06.2012 heard shri alok baghrecha with shri s.d.mishra, learned counsel for the petitioner, shri saleem rehman, learned counsel for the respondents no.1 & 2, and shri jafar khan, learned counsel .....
Tag this Judgment!Court : Madhya Pradesh
cr.r.no.188/2013 25.3.2013 shri jaideep sirpurkar, counsel for the applicants. shri adil usmani, counsel for the respondent. with consent of learned counsel for the parties the present revision petition is hereby disposed of with the direction that the learned jmfc, betul shall decide the application as per provisions under section 68(2) of the wakf act, 1995 by considering all the objections raised by the parties. if it is found that the tenure of the respondent was already over and matter turned infructuous then such findings shall be specifically recorded. both the parties be given an opportunity of hearing and production of all the documents which they possess. copy of the order be sent to the trial court as well as the appellate court for information and compliance. (n.k.gupta) judge bina
Tag this Judgment!Court : Madhya Pradesh
..... been afforded a reasonable opportunity to file a written statement/ reply in a proceeding initiated under section 54 of the wakf act, 1995; petitioner has filed this petition seeking quashment of orders annexure p 1 a and p 1 b; (whereby the right to file written statement/reply has been closed) ..... and others).said writ petition was a public interest litigation seeking direction for removal of encroachment over 40 acres of wakf property; wherein, the division bench after taking into consideration the rival submissions, disposed of the petition in following terms ..... are adequate provisions in the wakf act for removal of encroachment, if any, on the wakf property. ..... wakf board has already initiated action for removal of the encroachment in accordance with the provisions of the wakf act. ..... is in furtherance to said direction, the wakf board has initiated the proceedings under section 54 of 1995 act. ..... though it is contended that, the chief executive officer, has acted arbitrarily in not giving the opportunity to file written statement/reply, the contentions are ..... proceedings for eviction of the petitioner from wakf property emanates from the order dated 19.10.2012 passed in writ petition ..... the given facts wherein the petitioner has been noticed as an encroacher of wakf property, the petitioner canno. ..... of the reply, it is directed that the state government shall provide adequate police protection to the wakf board for removal of the encroachment in accordance with the law on the wakf property. .....
Tag this Judgment!Court : Madhya Pradesh
..... been afforded a reasonable opportunity to file a written statement/ reply in a proceeding initiated under section 54 of the wakf act, 1995; petitioner has filed this petition seeking quashment of orders annexure p 1 a and p 1 b; (whereby the right to file written statement/reply has been closed) ..... and others).said writ petition was a public interest litigation seeking direction for removal of encroachment over 40 acres of wakf property; wherein, the division bench after taking into consideration the rival submissions, disposed of the petition in following terms ..... are adequate provisions in the wakf act for removal of encroachment, if any, on the wakf property. ..... wakf board has already initiated action for removal of the encroachment in accordance with the provisions of the wakf act. ..... is in furtherance to said direction, the wakf board has initiated the proceedings under section 54 of 1995 act. ..... though it is contended that, the chief executive officer, has acted arbitrarily in not giving the opportunity to file written statement/reply, the contentions are ..... proceedings for eviction of the petitioner from wakf property emanates from the order dated 19.10.2012 passed in writ petition ..... the given facts wherein the petitioner has been noticed as an encroacher of wakf property, the petitioner canno. ..... of the reply, it is directed that the state government shall provide adequate police protection to the wakf board for removal of the encroachment in accordance with the law on the wakf property. .....
Tag this Judgment!