MD ISLAMUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State. Interlocutory Application No. 4510 of 2007 has been filed to bring the legal heirs indicated in paragraph No. 2 to the petition on record on the death of respondent No. 5, namely, Md. Ahsan @ Nanhu Mian.

(2.) INTERLOCUTORY Application No. 4510 of 2007 is allowed. Let the legal heirs be brought on record.

(3.) SUBMISSION of learned counsel appearing in support of the writ application is that the action of the respondents in this regard is de hors the power under the Act more so, the provision of Sections 27 and 28 of the Waqf Act. Once the property is duly registered as a waqf property then the nature of the property cannot be altered while exercising power under Sections 27 and 28, unless a declaration is issued by a court of competent jurisdiction on a dispute raised by the concerned parties. This is the short and precise submission made on the basis of a decision which had been rendered in the case of C.W.J.C. No. 1193 of 1986. Azimuddin vs. Arshad Kamal and Others vide order dated 4th December, 1996. Hon'ble Justice Mr. B.P. Singh dealt with the ambit of not only the Act but also the provision especially Sections 27 and 28 and came to a considered opinion that the exercise carried out by the respondents based on the power under Section 27 and the consequential amendment to the register under Section 28 was an illegal exercise and warranted interference by the court, the impugned order of the case was quashed and the writ application allowed. Paras 6 and 7 of the order is quoted below: