IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE GAJENDRA SINGH CIVIL REVISION No. 168 of 2024 THE STATE OF MADHYA PRADESH AND OTHERS Versus WAKF KABRISTAN RAILWAY STATION KE PASS DEWAS THROUGH TREASURER (KOSHADHYAKSH) IQBAL AHMAD AND OTHERS Appearance:

Shri Anand Soni, learned A.A.G for the petitioner/State.

Shri V.K Jain, learned Senior Counsel with Shri Makbool Ahmad Mansoori for the respondent [R-1].

Shri Mohammed Iqbal Khan, learned counsel for the respondent [R-

2].

Reserved on 14.11.2024.

Pronounced on 25.11.2024.

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ORDER This civil revision under section 83(9) of the Waqf Act, 1995 is preferred being aggrieved by the order dated 19.02.2024 in Waqf Case No.A8 of 2023 by M.P State Waqf Tribunal, Bhopal.

2. The waqf Kabristan near railway station, Dewas filed an application under section 83(2) of the Waqf Act, 1995 through Treasurer and Executive Member for determination of a dispute regarding survey no.83, 84 Signature Not Verified Signed by: HARIKUMAR & 85, area 17903 sq. meter situated at Dewas for a declaration that the said property be declared as waqf property and defendant no.2/petitioner no.2 be restrained to change the use of above waqf property through order in appeal no.0023/23 and be restrained from conducting any demarcation and the defendants no.1, 2 & 4 / petitioners and respondent no.3 be restrained to interfere the respondents no.1 & 2/applicants in the possession of the waqf property and using the property for other purposes asserting that survey no.83, 84 & 85 of Kabristan, Dewas is waqf property registered at serial no.231 of 201 at the office of respondent no.2. The Tahsildar, Dewas has recorded the property as Kabristan vide order dated 30.05.2012. Prior to that Collector, Dewas has ordered to register the same survey numbers as Kabristan vide order dated 22.02.1975 in case no.130/A/20(1)/73-74. Since 1970 these survey numbers are recorded as Kabristan in revenue records but in 2022 an appeal was filed by respondent no.3 before the petitioner no.2 and the appeal was admitted despite a delay of ten years. The revenue authorities have no jurisdiction to entertain and decide the issue. The application was filed on 30.01.2023 and petitioner herein filed a reply (Annexure P/6). The application under Order 39 Rule 1 & 2 CPC (Annexure P/7) was also preferred and present petitioner filed the reply on 24.01.24 and the application is still pending but respondent no.1 filed an application under section 151 CPC (Annexure P/11) referring the dispute dated 13.01.2024 and seeking the relief that petitioner no.2 be ordered to open the lock put on the gate of Kabristan and the board displaying the Kabristan be installed on the previous place and no interference be caused in burial of the dead bodies in Signature Not Verified Signed by: HARIKUMAR the Kabristan.

3. The application was replied by present petitioners through Annexure P/12 and the M.P Waqf Tribunal ordered the petitioner no.2 to open the lock put on the gate of Kabristan after taking affidavit from both parties to the effect that they shall maintain peace and in case any party fails to furnish the affidavit or declaration then to take appropriate actions and also ordered the respondent no.3 Omprakash not to interfere at the Khasra nos.83, 84 & 85 and posted the case for hearing for arguments on the application filed for temporary injunction under Order 39 Rule 1 & 2 CPC for 19.03.2024.

4. Present petitioners/non applicants no.1 & 2 filed this revision petition on the ground that Waqf Tribunal committed error in holding that survey nos.83, 84 & 85 are also part of waqf Kabristan despite the fact that survey no.83 belongs to Christian community (Kabristan) and survey no.84 belongs to Hindu community and the same is recorded as Marghat. The Waqf Tribunal also committed error in directing the petitioners to open the lock put on the gate of the land in question