Board and neither the Commissioner nor the Board is required to make any enquiry regarding, the character of the property. That is to say, the making of survey is only an administrative act and not a quasi-judicial act. But, on a closer examination, it is, clear that while making a survey of the existing wakfs in a State under sub-s. (1) of 5. 4, the Commissioner is required by sub-s. (3) to submit a report to the State Government in regard to the serval matters referred to in cls. (a) to (f) thereof. There may be a dispute as between the Board, the mutawalli or a person interested in the wakf, as regards (a) the existence of a wakf, i.e. whether a particular property is wakf property, (b) whether it is a Shia wakf or a Sunni wakf, (c) extent of the property attached to the wakf, (d) the nature and object of the wakf, etc. While making such an enquiry, the Commissioner is invested by sub-s. (4) with the powers vested in a civil court under the Code of Civil Procedure, 1908 in respect of the summoning and examining of any witness, requiring the discovery and production of any document, requisitioning any public record from any court or office, issuing commissions for the examination of any witness or accounts, making any local inspection or local investigation etc. In view of these comprehensive provisions, it is not disputed before us that the enquiry that the Commissioner makes for the purpose of submission of his report under sub-s. (3)? while making a survey of existing wakfs in the Estate under sub-s. (1), is not purely of an administration nature but partakes of a quasi-judicial in character, in respect of the persons falling within the scope of sub-s. (1) of s. 6.
