ALOK SHARMA - (1.) HEARD the learned counsel for the parties and perused the writ petition as also the impugned order dated 29th April, 2006 passed by the Rajasthan Waqf Tribunal, Jaipur ('the Tribunal' for brevity). Perusal of the impugned order dated 29th April, 2006 indicates that the order has restrained the petitioner herein from interfering with the construction made by the respondent Rajasthan Board of Muslim Waqf (hereinafter to be referred as the 'Board') within land admeasuring 16 biswa in khasra No. 1493 situate at village Sarvad, District Ajmer in the Board's ownership.
(2.) Counsel for the petitioners admits to the fact that the land admeasuring 16 biswa in khasra No. 1493 is indeed in the ownership of the Board. He submits that however, under the garb of the aforesaid order dated 29th April, 2006 passed by the Tribunal, the respondent Board has encroached into the Dhobhaniya Talab.
(3.) MR . S.P. Sharma Senior Counsel with Mr. Ankit Sethi appearing for the Board submits that the dispute with regard to encroachment over the Talab land has since resolved and the offending structure has been removed. He Submits that presently the Dargah in issue is confined to the area of 16 biswa in Khasra No. 1493 in the Board's ownership. Reference has been made to a report dated 18th/23rd July, 2012 submitted by the Sub -Divisional Officer, Sarvad, District Ajmer to the Collector, Ajmer stating that there is no encroachment presently is existing over the land of Talab attaching to Dargah. The said report is taken on record. Mr. Sharma submitted that owing to heavy mansoon this year, the Talab is overflowing and the interim order dated 2nd January, 2007 is obstructing the raising of construction of a wall necessary for the safety of pilgrims.;