IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (1)

CWP-11742-1993 (O&M)

PUNJAB WAKF BOARD, AMBALA CANTT. THROUGH SH. S.Y. QURAISHI, I.A.S., ADMINISTRATOR, THROUGH THE LEGAL CLERK, PUNJAB WAKF BOARD-CHANDIGARH …Petitioner Versus THE STATE OF PUNJAB AND OTHERS …Respondents (2)

CWP-11744-1993 (O&M)

Date of decision :20.02.2025 PUNJAB WAKF BOARD, AMBALA CANTT. THROUGH SH. S.Y. QURAISHI, I.A.S., ADMINISTRATOR, THROUGH THE LEGAL CLERK, PUNJAB WAKF BOARD-CHANDIGARH …Petitioner Versus THE STATE OF PUNJAB AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Jai Bhagwan, Advocate for the petitioner(s) in both cases.

Mr. Navneet Singh, Sr. D.A.G., Punjab.

Mr. Sunil Chadha, Sr. Advocate with Ms. Devyani Sharma, Advocate and Ms. Kashish Aggarwal, Advocate for respondent No.7 (in CWP-11742-1993) for respondent No.6 (in CWP-11744-1993).

HARSH BUNGER, J.

This order shall dispose of CWP-11742-1993 titled as “Punjab Wakf Board, Ambala Cantt. through Sh. S.Y. Quraishi, I.A.S., Administrator, through the Legal Clerk, Punjab Wakf Board-Chandigarh versus The State of Punjab and others as well as CWP No.11744-1993 titled as “Punjab Wakf Board, Ambala Cantt. through Sh. S.Y. Quraishi, I.A.S., Administrator, through the Legal Clerk, Punjab Wakf Board, Chandigarh versus The State of Punjab and others, as both the cases involve common questions of law and facts.

However, for the sake of convenience, the facts are being derived from CWP-11742-1993 titled as “Punjab Wakf Board, Ambala Cantt. through Sh. S.Y. Quraishi, I.A.S., Administrator, through the Legal Clerk, Punjab Wakf Board-Chandigarh versus The State of Punjab and others.

2. Prayer in the instant writ petition (CWP-11742-1993) is for issuance of an appropriate writ, direction or order for quashing the impugned orders dated 21.11.1988 (Annexure P-3) and 27.07.1992 (Annexure P-5).

3. Briefly, the petitioner-Punjab Wakf Board filed a petition before the learned Assistant Custodian General (exercising the powers of Custodian General) under the provisions of the Administration of Evacuee Property Act, 1950 against automatic vesting of land in question, situate at Village Bhadas, Tehsil and District Kapurthala, in favour of the custodian and its further allotment to respondent No.5, herein namely, Sh. Hira Nand. 3.1 The claim of the petitioner-Punjab Wakf Board was that the property in question was “muafi in takia”. The pleaded case of the petitioner was that the land in dispute was owned by Muslim migrants, who had given it on “muafi” to Sh. Rulde Shah, Chela Hazoori Shah, Faqir on 29^th Harh Samvat, 1921 till the existence of “makan takia” and in case of good conduct. It was stated that upon death of Sh. Rulde Shah, the muafi was extended in favour of Sh. Bhole Shah. It is claimed that the land in question was in trust for public purpose of religious and charitable nature and as such, it fell within the definition of “Wakf property”. It was stated that the Punjab Wakf Board was created to manage and control the Wakf properties in the State of Punjab and it was only the custodian General, who could determine as to whether a property is evacuee or held in trust for religious and charitable nature under the Evacuee Property Act, 1950. It was claimed that the land in question was wrongly taken to have vested in the custodian by operation of law and the same was wrongly allotted in favour of Hira Nand (respondent No.5, herein). According to the petitioner, the land in dispute was notified as Wakf property in the Government Gazette. Accordingly, it was prayed that the land in dispute be declared as “Wakf Property” and the same be deleted from the list of “Evacuee Property”.

3.2 The afore-said claim of the Punjab Wakf Board was opposed on the plea that mere exercise of power by the Board under the Wakf Act, in respect of a particular property did not establish that the property was “Wakf” and in the absence of any evidence that the property was “Wakf”, there can never be a “Wakf.” It wa