IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civl Writ Petition No.20454 of 2009 Date of Decision : August 04, 2011. Sunehra .....Petitioner versus Punjab Wakf Board and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Harkesh Manuja, Advocate, for the petitioner. Mr.J.S.Bhatia, Advocate, for respondent Nos.1,2 & 4. Mr.Vikas Chaudhary, Advocate, for Mr.S.S.Khard, Advocate, for respondent No.3. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The point in issue in this case is as to whether the land measuring 12 kanals 7 marlas falling in khasra No.207 min in village Ahar, Tehsil Israna, District Panipat, has been lawfully declared to be a wakf property and does it actually vest in the Wakf Board? While the petitioner and other members of the non-muslim community of the village assert that the land is being used for non-religious purposes from the very inception and the Wakf Board has no concern with it, respondent No.4 and the Wakf Board have disputed the afore-stated CWP No.20454 of 2009 [2] plea. The Gram Panchayat, on the other hand, has taken a vague and evasive stand before this Court. Suffice it to mention that the identification and declaration of a property as a wakf is peceded by procedure and exercise to be undertaken as per Section 4 of the Wakf Act, 1995 and it is only on submission of a report under Sub-Section (3) of Section 4 of the Act that the State Government is to publish the list of wakfs. The grievance of the petitioner is that no survey or enquiry was conducted nor an opportunity to submit their objections was given to them by any Survey Commissioner in terms of Section 4 of the Act. The question as to whether or not the property in dispute is a wakf property or is liable to be declared as a wakf property is a question of fact required to be determined by the Competent Authority by following the procedure as laid down under Section 4 of the Act. The procedure would obviously entail an opportunity of hearing to the parties concerned and to give them opportunity to submit their respective objections. The writ petition is accordingly disposed of with a direction to the State of Haryana to depute a Survey Commissioner to re-ascertain as to whether or not the subject property is a wakf property. The Survey Commissioner shall follow the procedure laid down under Section 4 of the Act and submit a report to the State Government after giving an opportunity of hearing to the parties concerned. The appropriate enquiry/survey shall be conducted within a period of six months and if so required, a fresh notification/publication in terms of Section 5 of the Act CWP No.20454 of 2009 [3] shall then be issued. Till the completion of the said exercise, the directions issued by this Court vide order dated 24.12.2009 to maintain status-quo by the parties, shall continue to operate. Ordered accordingly. Dasti. August 04, 2011 (SURYA KANT) Mohinder JUDGE