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SURESHWAR THAKUR, KULDEEP TIWARI
Balwinder Singh – Appellant
Versus
Gram Panchayat, Kotla Masood – Respondent
Question 1? Question 2? Question 3?
Key Points: - The entry in the classification column of the revenue entry has precedence over Shamlat Deh classifications, affecting Wakf notifications and panchayat leasing powers (!) (!) (!) . - Whether the Wakf Tribunal has exclusive jurisdiction to decide disputes over petition lands described as Gair Mumkin Kabaristan/Maqbooza Ahle Islam, overriding Punjab Act authorities (!) (!) (!) (!) (!) (!) . - The binding effect and conclusivity of revenue-record classifications (Gair Mumkin Kabaristan/Maqbooza Ahle Islam) and the validity/impact of Section 5 Wakf Act notifications in tandem with Syed Mohd. Salie Labbai and Gram Jamalpur jurisprudence (!) (!) (!) (!) (!) (!) . - The relationship between Shamilat Deh entries vs. Gair Mumkin Kabaristan entries and which controls; whether Punjab Act 1953 prevails over Central Wakf Act in these matters, and the scope of Article 31-A protections (!) (!) (!) (!) (!) . - Consequence of non-notice to Gram Panchayat prior to Wakf notifications and the impact on validity of those notifications (!) (!) . - Effect of 108A Wakf Act and Section 85 on Civil Court judgments and res judicata in Wakf property disputes (!) (!) (!) .
SURESHWAR THAKUR, J.
1. The Punjab Wakf Board concerned, one Balwinder Singh, one Darshan Singh, and, Gram Panchayat alias Gram Sabha, Kotla Masood are respectively aggrieved from the orders made against them, respectively by the statutory authorities concerned, and, by the Civil Court concerned. The above orders were made, upon a motion made by the Gram Panchayats concerned, under Section 11, and, under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short 'the Act'). Moreover, in Civil Revision No. 826 of 2014, Civil Revision No. 3639 of 2016, Civil Revision No. 190 of 2018, and, in Civil Revision No. 2267 of 2012, the orders challenged before this Court, are made by the learned Wakf Tribunal concerned, whereas, in Civil Revision No. 2112 of 2016, and, in Civil Revision No. 1912 of 2016, and, in Civil Revision No. 3780 of 2017, the orders challenged before this Court, are made by the learned Civil Court concerned.
2. The Punjab Wakf Board is aggrieved from the above concurrently made orders against it, and, is led to constitute thereagainst Civil Revision No. 3780 of 2017, Civil Revision No. 190 of 2018, Civil Revision No. 1912 of 2016, Civil Revision No. 2
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