Writ Petition No. 1648 of 2010 · Bombay High Court
Case at a glance
Outcome
Disposed of
Petition is disposed of
Provisions considered
- Wakfs Act, 1995 s. 54
Judgment
Operative part
Heard learned counsel for the parties. The petitioner’s case is that the property involved in the matter pertaining to proceedings u/s 54 of the Wakfs Act, 1995, is not at all part and parcel of the Wakf property, but it is his own property. He would submit regarding encroachment can not be decided without deciding the nature of ownership at the first stage. It would be, therefore, in the interest of justice to direct the authority to proceed with the inquiry only after determining the question of ownership. The learned Chief Executive Officer of 2 Board of Wakf shall, therefore, frame preliminary issue pertaining to objection raised by the petitioner and only after passing speaking order on the issue of ownership in respect of the property – Survey Nos.101 and 102 (Gut Nos.332 and 333), he may further proceed to deal with the application for removal of encroachment. Petition is disposed of. (V. R. KINGAONKAR , J) Dt/- 12.07.2010 ndk/c1271023
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Petition is disposed of
Which statutory provisions did this judgment involve?
Wakfs Act, 1995 — s. 54.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.