Manphool Din vs State of Haryana

Rakesh Kumar Jain, J.—By way of this order, I shall dispose of two writ petitions bearing C.W.P. Nos. 11332 and 13063 of 2012 being

interconnected. However, the facts are extracted from C.W.P.-11332-2012. The petitioners have challenged the lease dated 15.02.2012 by

which land of the graveyard bearing Khasra No. 195, situated in the revenue estate of village Aurang Shahpur, Tehsil Narnaund, District Hisar, has

been leased out to respondent Nos. 4 to 6 and have also challenged the ""No Objection Certificate"" dated 15.02.2012 for the purpose of raising

construction over the graveyard.

Counsel for the respondents have submitted that the land underneath the graveyard vesting in the Wakf Board has been leased out on the basis

of the policy dated 08.06.2012 known as ""Policy for Leasing of Wakf Properties, 2012"". It is submitted that since the land of graveyard is being

leased out under a policy which is not subject matter of challenge in this writ petition, therefore, lease by itself cannot be held to be invalid until and

unless the policy is assailed by the petitioners by way of writ petition or otherwise.

In this regard, learned counsel for the respondents have also made a reference to the order dated 11.09.2013 passed in C.W.P. No. 18343 of

2012 titled as ""Sh. Rajbir Khan and others v. State of Haryana and others"" in which there is a reference of the policy for leasing out the wakf

properties and it has been observed that ""in our view, the solution to the aforesaid is only by honest people manning the Wakf Board who will

propagate the purpose of the Wakf. It really is not possible for this Court to run the Wakf Board. We are informed that the Wakf is at present

represented by a Chief Executive Officer and the Board is superseded. In order to nudge the authorities into action, we consider it appropriate to

direct the Chief Executive Officer of the Wakf to file the report of compliance showing actions taken against various misusers/encroacher of the

wakf property"". With these observations, the aforesaid writ petition, which was filed in public interest, was disposed of. Later on, by way of CM

No. 18343 of 2013 in the aforesaid writ petition, the Chief Executive Officer, Haryana Wakf Board had filed an affidavit portraying the existing

position as per which number of wakf properties are under illegal possession of the private persons. Thus, taking action on that application, the

Division Bench of this Court has called upon the Chief Executive Officer of the Haryana Wakf Board to furnish the second status report showing

the existing pendency position with reference to the chart prepared by him.

Be that as it may, the present writ petitions would not proceed further until and unless the petitioners challenge the policy under which the Wakf

Board itself is leasing out the land of the graveyard.

In view thereof, counsel for the petitioners prays for withdrawal of the present petitions in order to challenge the policy on the grounds available

to him.

Dismissed as withdrawn. Liberty is granted.