M.N. Bhandari, J. - (1.) BY this writ petition, a challenge is made to the order dated 02.09.2011 passed by Rajasthan Wakf Tribunal (in short "Tribunal").
(2.) LEARNED counsel for petitioners submits that a petition was filed by Rajasthan Board of Muslim Wakf before the Tribunal for eviction, declaration and permanent injunction. It was for 3 bigha of land out of Khasra No. 362. The aforesaid petition was allowed by the Wakf Tribunal in ignorance of jurisdiction to entertain a petition for eviction, which lies with the Civil Court. Learned Tribunal failed to consider that out of 9 bigha and 15 biswa of land, new Khasra Nos. 192/2 and 192/3 were made and 3 bigha of land was set apart for grave yard vide the order of Collector dated 03.02.2006. The Patwari then prepared a site report for 3 bighas of land in pursuance to the order of Tehsildar dated 10.04.2006. Prior to it, a report was also sought by the Tehsildar on 17.10.2004 wherein it was found that 3 bigha of land is used by the Muslim community and remaining land is lying vacant. The petitioners signed the report showing them to be encroachers. They however preferred an appeal to challenge it before the Revenue Appellate Authority. It was on the ground that they are having possession in the land for last 60 years. The appeal was dismissed thus petitioners preferred a revision petition bearing No. 5493/2006 before the Board of Revenue and is pending consideration. An order was further passed on 28.06.2006 under Section 91 of Land Revenue Act.
(3.) THE Collector had wrongly set apart the land for grave yard as it is pasture land. In view of above, impugned order is not sustainable in the eye of law and even on facts. If revision petition preferred by the petitioners is allowed by the Board of Revenue, it would have effect on the case.;