Antar Singh vs Rajasthan Board of Wakf and Others

Vijay Bishnoi, J.—By this writ petition, the petitioner has challenged the order dt. 07.12.2012 passed by the S.D.O. Sanchor whereby a direction for execution of the order passed by the Wakf Tribunal dt. 22.07.2011 is given. It is contended by the counsel for the petitioner that the S.D.O. has no jurisdiction to pass any order for executing the orders passed by the Wakf Tribunal. It is also contended by the learned counsel for the petitioner that as per the provisions of Sub-Section (8) of Section 83 of the Wakf Act, 1995, the execution of any decision of the Tribunal is to be made by the Civil Court only and as such learned counsel for petitioner submitted that the order passed by the S.D.O. dt. 07.02.2012 is without jurisdiction.

Learned counsel for respondent No. 1 and counsel for respondents No. 2 to 4 have also admitted before this Court that the S.D.O. has no jurisdiction to pass any order for executing any decision of Wakf Tribunal and fairly agreed that the order dt. 07.02.2012 passed by the S.D.O., Sanchor is without jurisdiction. In view of the submissions made on behalf of the learned counsel for the parties, this writ petition is allowed. The order dt. 07.02.2012 (Annex. 7) passed by the S.D.O., Sanchor is hereby quashed and set aside. However, it is made clear that this order will not come in the way of the respondents in any other proceedings initiated by them against the petitioner.