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1984 Supreme(Pat) 409

S.S.SANDHAWALIA, B.P.JHA
Bihar State Shia Waqf Board – Appellant
Versus
Sheonandan Prasad – Respondent


Judgment

B.P.Jha, J.

1. I shall dispose of these three civil revision petitions by a common judgment as a common point of law arises for consideration in these petitions.

2. These matters relate to a property of the Bihar State Shia Waqf Board (hereinafter referred to as the Board). In the present case, the Board (petitioner) sent a requisition to the Collector for a direction to obtain and deliver possession of the property to it under Sec.36B(1) of the Wakf Act, 1954 (29 of 1954) (hereinafter referred to as the Act). The Collector under Sec.36B (2) of the Act directed the opposite party to deliver the property in question to the Board within a period of thirty days.

3. Opposite party No. 1, being aggrieved by the order of the Collector preferred an appeal before the District Judge. The Third Additional District Judge, Patna. set aside the order of the Collector on the ground that the land was transferred to opposite party No. 1 after obtaining prior sanction of the Board.

4. Sec.36A of the Act forbids transfer of any immovable property of a waqf by way of sale, gift, etc. without the prior permission of the Board It is relevant to quote Sec.36 A of the Act which runs as follows: N











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