The central legal point established in the judgment is the requirement of providing notice to interested parties during the relevant inquiry under Section 4 of the Wakf Act, as per the Explanation to Section 6, and the error in dismissing the suit based solely on the lapse of time from the publication of the list of Wakf.

Jarat Kumar Jain, J.

1. Regard being had to the similar controversy involved in these cases, they have been heard analogously together with the consent of the parties and a common order is being passed in the matter. Facts of Civil Revision No. 114/2013 are narrated as under:-

2. The present revision has been filed under Section 83(9) of the Wakf Act, 1995 arising out of the order dated 6.3.2013 passed by the Madhya Pradesh State Wakf Tribunal, Bhopal in Case No. 13/2011 (Mohd. Nisar Shah Vs. M.P. Wakf Board & another).

3. Learned counsel for the parties have fairly stated before this Court that the question involved in the present revision is squarely covered by the decision of the Single Bench of this Court passed on 5.3.2014 in Civil Revision No. 92/13. The order dated 5.3.2014 reads as under:-

The present revision has been filed under Section 83(9) of Wakf Act 1995 arising out of an order dated 8.2.2013 passed by the M.P. State Wakf Tribunal, Bhopal.

Facts of the case reveal that the present applicant preferred an application under Section 83(2) of the Act of 1995 stating that he is the Bhumiswami of agricultural land bearing Khasra No. 290 area 5.69 acres situated at Gram Takipura, Tehsil Depalpur District Indore and the same was granted to his grand-father Kallan Shah in "Mafi" by the then ruler and the land was mutated in the name of the applicant's grand-father Kallan Shah. It has further been stated that since time immemorial, name of the family member of the present applicant was mutated in the revenue record and without issuing any notice of any kind to the present applicant, the property in question was registered as Wakf property on 25th August, 1989. It has further been stated that an application was preferred under Section 83(2) of the Act of 1995, as a notice was issued on 25th May, 2010 for auctioning the property in question. The applicant left no other choice filed a civil suit before the Wakf Tribunal. A reply was filed in the matter by the M.P. Wakf Board and the M.P. State Wakf Tribunal, Bhopal has passed an order dismissing the suit of the present applicant. The order passed by the Tribunal reveals that the Tribunal placing reliance upon Section 6 of the Act of 1995 has dismissed the suit.

Learned counsel for the applicant has drawn the attention of this Court towards the Explanation to Section 6 of the Act of 1995 and his contention is that the applicant, who was interested in the property in question, should have been granted a proper opportunity to represent his case by a notice to be served upon him and the same has not been done while registering a wakf.

On the other hand, learned counsel appearing for the Wakf Board has argued before this Court that Section 4 and 5 provides for a procedure for registering a wakf and it is not the M.P. Wakf Board, which is required to issue a notice to the person who is having interest in the property, on the contrary it is the Collector, who is required to issue a notice in the matter. A categoric question was raised by this Court to the learned counsel appearing for the Wakf Board i.e. "whether any notice was issued to the petitioner or not at any point of time. Learned counsel has categorically stated it is not the Wakf Board, which is required to a issue notice and it is the Collector, who is required to issue notice under Sections4 and 5 of the Act of 1995 and no notice was issued.

This court has carefully scanned the entire records received from the Tribunal and there is no notice of any kind issued by the Collector at any point of time or by the M.P. Wakf Board to the applicant while surveying the Wakf by publishing the list of Wakf. Section 6 of the Act of 1995 reads as under:-

6. Disputes regarding works.-(1) If any question arises whether a particular property specified as wakf property in the list of wakfs is wakf property or not or whether a wakf specified in such list is a Shia wakf or Sunni wakf, the Board or the mutawalli of the wakf or any person in