S.C.PANDEY
M. P. Wakf. Board – Appellant
Versus
State of M. P. – Respondent
The applicant has filed an application purporting to be under section 24 of the Code of Civil Procedure. In the prayer-clause, it has not been mentioned in this application under section 24 of the Code of Civil Procedure where the applicant wants the proceedings pending before the Madhya Pradesh Wakf Tribunal, Bhopal (henceforth 'the Tribunal') to be transferred.
2. The allegation made in the application for transfer under section 24 of the Code of Civil Procedure shows that the Presiding Officer of 'the Tribunal' was a relative of the defendants-respondent Nos. 6 to 9 and, therefore, it is apprehended that the applicant shall not get justice from Shri Majhar Ali, the Presiding Officer of 'the Tribunal'.
It is not in dispute that the suit property is used as a Kabristan (grave yard). Initially a suit was filed before the Court of 7th Additional District Judge, Bhopal seeking permanent injunction and possession of that property by the applicant. Consequent to the passing of Wakf Act, 1995 (henceforth 'the Act'), the civil suit stood transferred to 'the Tribunal' under section 83 thereof. The State Government has been given power to constitute Wakf Tribunals by notification
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