The State of Rajasthan and Others vs Rajasthan Board of Muslim Wakf, Jaipur and Others

Alok Sharma

Heard the learned counsel for the parties and perused the writ petition as also the impugned order dated 29th April, 2006 passed by the Rajasthan Waqf Tribunal, Jaipur (''the Tribunal'' for brevity). Perusal of the impugned order dated 29th April, 2006 indicates that the order has restrained the petitioner herein from interfering with the construction made by the respondent Rajasthan Board of Muslim Waqf (hereinafter to be referred as the ''Board'') within land admeasuring 16 biswa in khasra No. 1493 situate at village Sarvad, District Ajmer in the Board''s ownership.

Counsel for the petitioners admits to the fact that the land admeasuring 16 biswa in khasra No. 1493 is indeed in the ownership of the Board. He submits that however, under the garb of the aforesaid order dated 29th April, 2006 passed by the Tribunal, the respondent Board has encroached into the Dhobhaniya Talab.

Mr. S.P. Sharma Senior Counsel with Mr. Ankit Sethi appearing for the Board submits that the dispute with regard to encroachment over the Talab land has since resolved and the offending structure has been removed. He Submits that presently the Dargah in issue is confined to the area of 16 biswa in Khasra No. 1493 in the Board''s ownership. Reference has been made to a report dated 18th/23rd July, 2012 submitted by the Sub-Divisional Officer, Sarvad, District Ajmer to the Collector, Ajmer stating that there is no encroachment presently is existing over the land of Talab attaching to Dargah. The said report is taken on record. Mr. Sharma submitted that owing to heavy mansoon this year, the Talab is overflowing and the interim order dated 2nd January, 2007 is obstructing the raising of construction of a wall necessary for the safety of pilgrims.

Having heard the learned counsel for the parties, I am of the view that the order dated 29th April, 2006 passed by the Tribunal is rooted in findings of fact which the learned counsel for the petitioner has not been able to point out to be perverse or vitiated by misdirection in law. Even otherwise, from the report of the Sub-Divisional Officer, Sarvad, District Ajmer, the dispute with regard to alleged encroachment by the respondent Board has been resolved. In my considered opinion, the dispute as to the alleged encroachment over the Talab was extraneous to the dispute adjudicated in the impugned order one way or the other way. However, it is directed that the Board will confine its activities in the Dargah within the 16 biswa in khasra No. 1493 in its ownership. As far as the challenge to the order dated 29th April, 2006 passed by the Rajasthan Waqf Tribunal, Jaipur is concerned, I find no force in the writ petition. The writ petition stands dismissed, accordingly.