Dismissed

Kashiram v. State of U P and 2 Others

Allahabad HC28 Mar 2019WRIC/3746/2019

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking directions to execute a registered sale deed of an auctioned property in favor of the petitioner. Relying on Section 104-A of the Waqf Act, the court held that waqf property cannot be transferred, making it futile to direct the respondents to consider the application.

What did the court decide?

Writ petition dismissed leaving it open to petitioner for appropriate remedy; liberty granted to move an application for refund of amounts deposited.

Kashiram Vs State of U P and 2 Others — Property and Title | Allahabad HC (2019)

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Court No. - 21

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Case :- WRIT - C No. - 3746 of 2019

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Petitioner :- Kashiram Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Arpit Agarwal,Akash Gupta Counsel for Respondent :- C.S.C.,Punit Kumar Gupta

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Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.

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The petitioner has preferred this writ petition for the following relief:

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" i. Issue a writ, order or direction in the nature of mandamus whereby directing the respondent no. 2 and 3 to decide the application dated 13.04.1985 (Annexure no. 9) filed by the petitioner for execution of the registered sale deed of the auctioned property in favour of the petitioner in view of the report and a letter dated 25.10.1985 (Annexure no. 10) expeditiously, in a fixed time frame as this Hon'ble Court may deem fit for the case and it is further prayed that the petitioner may not be dispossessed from the property in dispute."

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We had asked the learned counsel for the waqf board Sri Puneet Kumar Gupta to seek instruction in the matter. He has received the instruction.

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On the strength of the instruction he submits that in view of provisions of Section 104-A of the Waqf Act, 1995 now the property of the waqf cannot be transferred.

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Section 104-A of the Waqf Act is extracted below:

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" 104-A. Prohibition of sale, gift, exchange, mortgage or transfer of waqf property.—(1) Notwithstanding anything contained in this Act or any other law for the time being in force or any waqf deed, no person shall sell, gift, exchange, mortgage or transfer any movable or immovable property which is a waqf property to any other person.

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(2) Any sale, gift, exchange, mortgage or transfer of property referred to in sub-section (1) shall be void ab initio."

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In addition to above, Sri Puneet Kumar Gupta submits that the application, which has been mentioned in the writ petition, is not traceable in the record of the respondents.

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Be that as it may, in view of the provisions of Section 104-A of the Waqf Act it would be futile to issue a direction upon the respondents to consider the application of the petitioner. Accordingly, the relief sought by the petitioner in the writ petition cannot be granted.

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In view of the above, the writ petition is dismissed leaving it open to the petitioner to take appropriate remedy which is available to him in law. The petitioner is granted liberty to move application for refund of amounts deposited by him, as alleged. In the event such an application is filed, the same shall be disposed off expeditiously.

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Order Date :- 28.3.2019 SKT/-

Kashiram v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

Kashiram v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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