The High Court disposed of a writ petition seeking eviction from Wakf property. Relying on a Supreme Court judgment, the Court held such matters lie in the domain of Civil Courts and dismissed the writ.
Directed the petitioner to file a civil suit; the writ petition was rejected as it does not relate to Wakf properties.
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CR No.335 of 2010 (O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No.335 of 2010 (O&M) Decided on : 22-09-2010
Haryana Wakf Board, Ambala Cantt.
....Petitioner
VERSUS
Pritam Kaur and others
....Respondents
CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER
Present:Mr.G.S.Sandhawalia, Advocate for the petitioner. None for the respondents
MAHESH GROVER, J
No one is present on behalf of the respondents despite service and therefore, the Court is left with no other option but to proceed with the matter.
In view of the judgment rendered by Hon'ble Supreme Court in Ramesh Gobindram (dead) through L.Rs versus Sugra Humayun
Mirza Wakf decided on 1.9.2010 in Civil Appeal No. 1182 of 2006 and Civil Appeal No. 1183 of 2006 wherein the Supreme Court has categorically held that the proceedings seeking eviction of the tenants from the Wakf property is to be initiated and entertained only by a Civil Court, I am of the opinion that the present petition can be disposed of by observing that the petitioner, if so advised, may file a civil suit for the adjudication of the matter and in such an eventuality, the Civil Court shall determine the controversy afresh without the present order being an
CR No.335 of 2010 (O&M)
2
impediment in the way as the impugned order herein was passed rejecting the plea of the petitioner on the ground of the defective notice and for the reason that the Wakf Tribunal did not have the jurisdiction to entertain such proceedings. In view of the observations of the Hon'ble Supreme Court, the Civil Court shall determine the matter on merits.
Disposed of.
September 22, 2010 (Mahesh Grover) rekha Judge
Colour shows how this judgement treated each authority
Ramesh Gobindram (dead) through L.Rs versus Sugra Humayun/Mirza Wakf, Civil Appeal No. 1182 of 2006 and Civil Appeal No. 1183 of 2006Referred¶14
Haryana Wakf Board, Ambala Cantt.
Pritam Kaur and others
Mahesh Grover
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
