Partly allowed

Abdul Shakoor v. State of Punjab and Others

Punjab & Haryana HC6 Aug 2012CWP/18424/2011

Case brief

AI extract

What is this about?

A public interest writ petition sought quashing of directions requiring prior State Government approval for leasing wakf properties. The court held that the Board must obtain such approval under Section 97 of the Act and adhere to Section 32(j).

What did the court decide?

Writ petition partly allowed; directed Board to obtain State Government prior approval for leasing/transferring properties and comply with Section 32(j) of the Act.

Abdul Shakoor Vs State of Punjab and Others — Property and Title | Punjab & Haryana HC (2012)

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In the High Court of Punjab and Haryana, at Chandigarh

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Civil Writ Petition No. 18424 of 2011

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Date of Decision: 6.8.2012

Abdul Shakoor

... Petitioner

Versus

State of Punjab and Others

¶8

... Respondents

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CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice. Hon'ble Mr. Justice Rakesh Kumar Jain.

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Present: Mr. Mansur Ali, Advocate for the petitioner.

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Ms. Gurveen H. Singh, Additional Advocate General, Punjab, for respondent No.1.

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Ms. Neelofer Abida Perveen, Advocate for respondents No. 2 to 11.

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Jasbir Singh, Acting Chief Justice (Oral)

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This writ petition has been filed in public interest with a prayer to quash an order dated 7.1.2010 (Annexure P1) and letter dated 11.1.2010 (Annexure P2).

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So far as challenge to letter dated 11.1.2010 (Annexure P2) is concerned, prayer was not pressed at the time of arguments.

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Vide order dated 7.1.2010 (Annexure P1), the Chairman of the Punjab Wakf Board (hereinafter referred to as “the Board”) had issued directions to all the Estate Officers to send all the proposals for transfer/lease, grant of “No Objection Certificate” (of any type) and the cases wherein compromise has been effected, to the Head Officer through the concerned members of the Board. It is further provided that the Lease Committee after examining the said proposal submit the same to the Chairperson of the Board for consideration and approval.

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Civil Writ Petition No. 18424 of 2011

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In response to the notices issued, reply has been filed by respondents No. 2 to 11 wherein it is nowhere stated that the power to lease out the properties of the Board has been delegated to the Chairperson under the provisions of Section 27 of the Punjab Wakf Act, 1995 (hereinafter referred to as “the Act”).

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At the time of arguments, letter dated 11.12.2007, issued by the State of Punjab was brought to our notice wherein, while exercising the powers under Section 97 of the Act, directions were issued to the Board to get prior approval of the State Government for leasing out or transferring its properties. In Jagmohan Singh Bhatti v. The State of Punjab and Others (Civil Writ Petition No. 516 of 2011, decided on 20.7.2012) , it was held that the Board is bound by the directions issued by the State Government vide above referred letter.

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Under the circumstances, we dispose of this writ petition in terms of an order passed in Jagmohan Singh Bhatti's case (supra) and direct respondent No.2-Board to get prior approval of the State Government for leasing out/transferring its properties. It is further directed that strict compliance of the provisions of Section 32(j) of the Act be made by the Board before leasing out/transferring its properties.

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(Jasbir Singh) Acting Chief Justice

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(Rakesh Kumar Jain) Judge

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August 6, 2012 “DK”

Abdul Shakoor v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Abdul Shakoor v. State of Punjab and Others

Case brief

What is this about?

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