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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH JAIPUR

S.B. Civil Writ Petition No.13741/2011

Shashikant Maratha

Versus

Estate Officer (Wakf) & Anr.

DATE OF ORDER : 04/03/2014

HON'BLE MR. JUSTICE M.N. BHANDARI

Mr. Amit Jindal, for petitioner

Mr. Syed Saadat Ali, for respondent/s

***

By this writ petition, a challenge is made to the order dated

24.06.2011 passed by Estate Officer (Wakf). It was on application

moved by the petitioner under Order 7 Rule 11 CPC.

Learned counsel submits that for eviction from the wakf

property, remedy lies only before the civil court and not before the

Estate Officer. It is moreso when the petitioner was shown to be

tenant of the property in dispute. Accordingly, application moved by

the petitioner should have been allowed. The Estate Officer

erroneously dismissed the application. It is in ignorance of the

judgment of Hon'ble Supreme Court in the case of Ramesh

Gobindram Vs. Sugra Humayun Mirza Wakf, reported in (2010) 8

SCC 726. Therein, jurisdiction of the Wakf Tribunal was barred in a

suit for eviction. The jurisdiction of the civil court alone was

recognized.

Learned counsel fo