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2023 Supreme(P&H) 1244

SUDHIR MITTAL
Mohd. Younus – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. S.K. Singla, Advocate for the petitioner

SUDHIR MITTAL, J.

1. The land in dispute measures 69 bighas 18 biswas and the petitioner alleges himself to be the Mutwalli of Khanqah being Chela of Amanat Ali Shah, the previous Mutwalli. Jamabandi for the year 1981-82 of village Sherwani Kot Tehsil Malerkotla District Sangrur records the name of the owner as “Khanqah biyatmam Amanat Ali Shah Chela Nathu Shah Faqir (Muafidar)” and the column of cultivation records 'self cultivation' Jamabandi for the year 2016-17 also records similar entries. A notification dated 01.05.1971/09.11.1970 (date is not clear from the impugned orders) was issued by the Punjab Wakf Board whereupon the Patwari Halqa entered a mutation in its favour. The petitioner preferred objections before the Assistant Collector 2nd Grade who declared the mutation to be a disputed one and referred the matter to the Assistant Collector 1st Grade Malerkotla. Vide order dated 04.01.2021, the Assistant Collector 1st Grade, Malerkotla sanctioned mutation in favour of the Punjab Wakf Board – respondent No. 5. Appeal filed by the petitioner was dismissed by the Collector vide order dated 27.01.2021 and revision petition filed before the Financial Commissioner was dismissed vi

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