Rajasthan Board of Muslim Wakf v. Rakesh Manju S/O Sh. Girdhari Lal
Case brief
What is this about?
Rajasthan Board of Muslim Wakf v. Rakesh Manju and Vinod Kumar, S.B. Civil Miscellaneous Application No. 197/2023, High Court of Judicature for Rajasthan, Jaipur Bench, decided 03/12/2025 by Justice Bipin Gupta. Amendment of plaint under Order 6 Rule 17; Wakf Tribunal order dated 14.08.2023 rejecting prayer-clause amendment; declaration sought that S.D.O. orders dated 27.09.2004 and 11.02.2016 are void ab initio; Para-4A pleaded void ab initio pursuant to Tribunal order dated 30.09.2022; Tribunal jurisdiction over S.D.O. orders; application dismissed; record ordered returned to Tribunal. Keywords: wakf property, amendment of prayer clause, void ab initio, Rajasthan Wakf Tribunal.
What did the court decide?
Once the S.D.O. orders have already been pleaded to be void ab initio in the plaint (Para-4A, incorporated vide order dated 30.09.2022), there is no requirement for any separate declaration in the prayer clause; it will be for the Wakf Tribunal itself to decide whether the orders passed by the S.D.O. are void ab initio, in case it concludes that the property in dispute is a wakf property.