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1996 Supreme(P&H) 1820

R.L.ANAND
Punjab Wakf Board – Appellant
Versus
State Of Punjab – Respondent


Judgment

R.L.Anand, J.

1. Punjab Wakf Board, Ambala Cantt. (hereinafter called the Board), has filed the present writ petition under Articles 226/227 of the Constitution of India against the State of Punjab, The Custodian General of Evacuee Property, Punjab and Rakesh Kumar praying for the issuance of a writ in the nature of certiorari for the quashment of the impugned orders Annexures P.2 to P.4 and for declaration that sale of the disputed property in favour of respondent No. 3 was illegal, null and void and that the Board is the authority to manage the disputed property, the same being wakf property and as such it vests in the Board petitioner.

2. The case set up by the Board is that there is land in the revenue estate of Dina Nagar bearing old khasra Nos. 31 (9-16), and 21 (-6-17), Post consolidation Nos. 35 (8-13) and 34 (5-11). Originally this land was owned by Mohammadons and they converted it as Kabristan and in the Jamabandi for the year 1910-11 it was recorded as grave yard Ahle Islam. According to the marked entries of the owners thus property continued to be described in the revenue record as Ghair Mumkin Kabristan of Ahle Islam, meaning thereby that Mohammadonion Commun


























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