Regrding wakf board tribunal
SANGAMESWARA RAO DHUPAM
(Querist) 20 November 2013
This query is : Resolved
Respected Sirs,
Kindly enlighten me whether Wakf Board Tribunal is a Civil Court for the purpose to pass an order restraining alienation of a property in terms of Registration Act, 1908.
ajay sethi
(Expert) 20 November 2013
acadmic query . state detailed facts of your case
R.K Nanda
(Expert) 20 November 2013
state full facts of your case.
BAALASUBRAMANNYAMM
(Expert) 20 November 2013
Wakf Board Act,1995, section 83(5) read as mentioned hereunder.
83. Constitution of Tribunals, etc.
(1) The State Government shall, by notification in the Official Gazette, constitute as many Tribunals, as it may think fit, for the determination of any dispute, question or other matter relating to a wakf or wakf property under this Act and define the local limits and jurisdiction under this Act of each of such Tribunals.
(2) Any mutawalli person interested in a wakf or any other person aggrieved by an order made under this Act, or rules made thereunder, may make an application within the time specified in this Act or where no such time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the wakf.
(3) Where any application made under sub- section (1) relates to any wakf property which falls within the territorial limits of the jurisdiction of two or more Tribunals, such application may be made to the Tribunal within the local limits of whose jurisdiction the mutawalli or any one of the mutawallis of the wakf actually and voluntarily resides, carries on business or personally works for gain, and, where any such application is made to the Tribunal aforesaid, the other Tribunal or Tribunals having jurisdiction shall not entertain any application for the determination of such dispute, question or other matter. Provided that the State Government may, if it is of opinion that it is expedient in the interest of the wakf or any other person interested in the wakf or the wakf property to transfer such application to any other Tribunal having jurisdiction for the determination of the dispute, question or other matter relating to such wakf or wakf property, transfer such application to any other Tribunal having jurisdiction, and, on such transfer, the Tribunal to which the application is so transferred shall deal with the application from the stage which was reached before the Tribunal from which the application has been so transferred, except where the Tribunal is of opinion that it is necessary in, the interests of justice to deal with the application afresh.
(4) Every Tribunal shall consist, of one person, who shall be a, member of the State Judicial Service holding a rank, not below that of a District, Sessions or Civil Judge, Class I, and the appointment of every such person may be made either by name or by designation.
(5) The Tribunal shall be deemed to be a civil court and shall have the same powers as may be exercised by a civil court under the Code of Civil Procedure, 1908 , (5 of 1908 .) while trying a suit, or executing a decree or order.
(6) Notwithstanding anything contained in the Code of Civil Procedure, 1908 , (5 of 1908 .) the Tribunal shall follow such procedure as, may be prescribed.
(7) The decision of the Tribunal shall be final and binding upon the parties to the application and it shall have the force of a decree made by a, civil court.
(8) The Execution of any decision of the Tribunal shall be made by the civil court to which such decision is sent for execution in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908 .)
(9) No appeal shall he against any decision or order whether interim or otherwise, given or made by the Tribunal: Provided that a High Court may, on its own motion or on the application of the Board or any person aggrieved, call for and examine the records relating to any dispute, question or other matter which has been determined by the Tribunal for the purpose of satisfying itself as to the correctness, legality or propriety of such determination and may confirm, reverse or modify such determination or pass such other order as it may think fit.
Raj Kumar Makkad
(Expert) 20 November 2013
Yes is the sole answer to your academic query.
SANGAMESWARA RAO DHUPAM
(Querist) 21 November 2013
Respected sirs,
The Government of Andhra Pradesh in G.O.Ms.No.620, Revenue (Regn.I) Department, Dt.28-9-2001 by amending Registration Department Standing Order No.219 Clause (b) ordered that "If the A.P.High Court or any other Civil Court restrains a person from alienating a property and if such orders are brought to the notice of such Registering Officer or served on the Registering Officer, the Registering Officer is estopped from going ahead with the registration."
So in the amendment it is stated that any Civil Court for which I got doubt whether Wakf board tribunal is also a Civil Court or not. I think the answer given by the Respected Sri Balaa Subramanyam resolved my querry through Section 83(5) to (7) of Wakf Board Act,1995. If not please enlighten me.
