CW 4593/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.4593/06 Municipal Board Versus Rajasthan Wakf Tribunal & Ors. DATE OF ORDER : 10/07/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Dr. P.C. Jain, for petitioner Mr. Kapil Gupta for Mr. N.A. Naqvi, AAG, for respondents *** Instant petition has been filed by Municipal Board, Behror assailing order passed by Rajasthan Wakft Tribunal dt.8th November, 2005 [Ann.1] and so also the order by which their review application has been rejected vide order dt.31st January, 2006 [Ann.2]. Respondent No.2 Rajasthan Wakf Board filed a suit before the Tribunal for declaration & permanent injunction in regard to Khasra No.658 new Khasra No.815/1162 entered into wakf record u/s.26 of Wakf Act as wakf property holding that petitioner be restrained from interfering in their peaceful possession and further respondents Nos.2 to 4 be restrained from making encroachment or interference in their possession. CW 4593/06 [2] Petitioner, who was defendant No.5 before the Tribunal filed written statement and raised objection with respect to property bearing Khasra No.658 measuring 7 biswa, that it does not belong to Wakf Board. Since there was a factual dispute as to Khasra No.658 [815/1162] belongs to whom documentary evidence was placed on record by both the parties to the dispute before Tribunal. Taking note thereof, Tribunal considered documentary evidence and observed that Khasra No.658 [815/1162] bearing 7 biswa with its complete dimensions, of which reference has been made in Para 8 being duly notified vide notification dt.23/9/65 and shown in the records of Wakf Board u/s.26 of the Act, 1954. Even before this Court, relevant notification dt.23/9/65, of which reference has been made by Tribunal in Para 8 is placed on record. Taking note thereof, Tribunal finally observed that Khasra No.658 change No.815/1162 measuring 57X70 ft. total area comes to 2333 sq.yd. belongs to Wakf Board and accordingly, passed decree in their favour restraining the petitioner-defendant not to make any encroachment or interference in their peaceful possession with the further direction to permit the Board to raise construction according to their own requirement CW 4593/06 [3] vide judgment dt.8th November, 2005. Petitioner filed review application justifying that documentary evidence has not been properly appreciated. Tribunal took note thereof and find no apparent error which may call for interference and accordingly, rejected application vide order dt.31st January, 2006. Counsel for petitioner has tried to convince this Court that factual finding which has been recorded by Tribunal is not supported by documentary evidence which has been placed on record and is totally perverse requires interference. Suffice it to say that Tribunal in its order has taken note of notification dt.23rd September, 1965 where reference has been made at item no.47 in regard to Khasra No.658 bearing 7 biswas and also with dimensions of the property in dispute and also noticed as wakf property u/s.26 of the Act. Documentary evidence in support thereof is also available on record. No cogent material has come on record which may convince that apparent error has been committed by Tribunal. It is a finding of fact duly supported by material on CW 4593/06 [4] record. This court finds no manifest error committed by Tribunal, which may call for interference. Consequently, writ petition is without merit and accordingly, dismissed. [AJAY RASTOGI], J. FRBOHRA4593CW06 10-7.doc