Wakf Board property.
Querist :
Anonymous
(Querist) 27 October 2009
This query is : Resolved
Respected Sir/s
This is in respect of Wakf Board property issue:-
“A” is the Wakf Board and “B” is land purchaser. Actually “A” is having some properties and the same were notified in a Gazette Notification, which was published in the year 1989. Hence ”B” after careful enquiry, has purchased the lands in the year 2005 from the real owners of the lands, which were not notified by “A” in the said Gazette Notification. Now “A” has reacted and simply made a fresh Gazette Notification in the year 2008 and added the lands of “B” mentioning that due to mistake and oversight of “A” the lands are not notified in the earlier Gazette Notification and thus now claiming “B” properties are belonged to “A”. The case, where the matter is pending before the court, was also accepted earlier that what ever the properties purchased by “B” is not related to “A”, in another case.
The point is:-
1. Now “A” is not showing any documentary evidence to prove that the lands whatever purchased by “B”, are their properties except the Gazette Notifications.
2. How far the second Gazette Notification which was published in the year 2008 is maintainable, nearly after a period of 19 years?
3. Is there any possibility to pass a different/opinion/ order by the same court, now in the present cse?
Plz. Give ur opinion/comment./suggession.
AEJAZ AHMED
(Expert) 27 October 2009
Dear Sir,
As per your query, you are saying that:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
" Actually 'A' is having some properties and the same were notified in a Gazette Notification, which was published in the year 1989".
Hence 'B' after careful enquiry, has purchased the lands in the year 2005 from the real owners of the lands, which were not notified by 'A' in the said Gazette Notification.
" due to mistake and oversight of 'A' the lands are not notified in the earlier Gazette Notification "
" Now 'A' is not showing any documentary evidence to prove that the lands whatever purchased by 'B', are their properties except the Gazette Notifications."
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Comments:
(i) You are 'Particularly' saying about Gazette Notification of 1989 only;
(ii) and on the other hand further saying that, " Now 'A' is not showing any documentary evidence to prove that the lands whatever purchased by 'B', are their properties except the 'Gazette Notifications' ".... What are those Gazette Notifications;
(iii) Your query is silent about Gazette Notifications prior to 1989, if any;
(iv)Did you verified that the land in question is not included in the prior Gazetter Notifications and Survey Reports conducted by "A";
(v) You query is silent about 'How the said real owner got that property' OR 'Link documents of the land in questions, if any';
(vi) On the face of your query it is showing that, you had purchased the said property, knowingly this as a Wakf Property, but not mentioned and included in the Gazette Notification;
(vii) your query is silent about 'Nature of Case'.... is it a Writ challanging Gazette Notification OR Suit for Declaration and Recovery of Possession.
My reply is as:
In the absence of any Link Documents of land in question from your side if 'A' submit entire records/Gazette Notifications/Survey Reports, not only for 1989 & 2008 but prior to 1989, then the same court can pass a different order in favour of 'A'.
Querist :
Anonymous
(Querist) 27 October 2009
Respected Aejaz Ahmed,
Namaste. Thanks for ur immediate response. I am furnishing the following to clarify ur doubts.
1. Yes. The entire case is depending upon the Gazette Notification of 1989.
2. Only one Gazette Notification, the wakf board has had. Other than that, it has no documentary evidence to show that the lands are belonged to wakf board.
3. No prior Gazette Notifications except 1989.
4. Yes. We carefully examined and verified all the revenue records, then only we approached further.
5. Our vendors have clear title and possession over the said lands since nearly 40 years and it is patta lands. There was no dispute with the ownership even till today. It is a patta lands.
6. No. It is sure that the lands are not the wakf board lands and it is a patta lands.
7. The wakf board has filed a petition before the Revenue authority for issuing a certificate of ROR rights over the said properties, which is pending and it is coming up for hearing.
So please a suitable reply is expecting from u.
Thanks.
Raj Kumar Makkad
(Expert) 27 October 2009
In the given circumstances, Wakf Board has a very weak case. The Board cant take benefit of the latest notification once the record already published and secondly without serving any notice or even without having earlier title with them. So what so ever has been decided by court below, seems to be retained further.
AEJAZ AHMED
(Expert) 29 October 2009
Dear Sir,
Now it is clear after details facts;
You can directly approach to High court of your state by filing a 'Writ', against the 'Wakf Board' & 'Revenue Authorities' to "Challange the Gazetter notification-2008" of Wakf Board and further to 'stay' ROR proceeding pending before Revenue authorities.
So in the said details circumstances and without any previous records Wakf board can't claim the property, and hence the reply of Mr. Raj is right one.
