What procedure to be followed by s.d.m to vacate wakf property under section 55 of wakf act 1995

Guest (Querist) 13 December 2012 This query is : Resolved
Sir,

Wakf property situated in Punjab. Will you please kind enough what procedure to be followed by Sub Divsional Magistrate to vacate wakf Property Under Section 55 of Wakf Act 1995.Also send me form No.60 & 61& 62& 75

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Raj Kumar Makkad (Expert) 13 December 2012
Your similar query has been resolved 3 times during last 2 days and even you are again raising the same query again and again. There is no use to do so.

R.K Nanda (Expert) 13 December 2012
repeated query.

Guest (Querist) 13 December 2012
Respected Expert Raj Kumar Makkad Sahib & R K NANDA Sahib,

I put these quaries because I filed a case before Ld. Sub Division Magistrate Under Section 55 of Wakf Act & Ld Sub Division Magistrate put these question.

1. What the procedure to be followed by SDM U/S55 of wakf act 1991
2. Any amendment in Section 55 of wakf act 1995
3. copy of Forms Number60,form no.61 &62& 63 & 75 of punjab wakf rule 2010.

That is why I requested your kind guidence.Pls provide me the same

Raj Kumar Makkad (Expert) 13 December 2012
javed! How much times you shall get the reply of your similar questions?

I personally have replied three times your same query. If still you are not satisfied then contact personally.

ajay sethi (Expert) 13 December 2012
repeated query no reply

Guest (Querist) 21 December 2012
Respected Expert,

Punjab Wakf Board Issued order on 17-10-12 after giving 30 to illegal encroacher and filed Execution petition on 12-12-2012.Now the illegal encroacher filed suit & injunction application before the Tribunal. Will you pls guide me what step we should take now.

Raj Kumar Makkad (Expert) 21 December 2012
You should oppose the application and should file WS and reply both supported with your affidavit and should persue the case that there is no jurisdiction vested to grant stay order against the eviction.

Guest (Querist) 21 December 2012
Respected Raj Kumar Makkad Sahib,

Thanks for your guidence.I want to clear some point relating to this case.
1. The Chief Executive Officer gave order to illegal encroacher U/s 54 of Wakf Act 1995 to vacate the wakf property on 17-10-2012 and gave 30 days time to vacate the Wakf Property
2. That 30 days expired on 17-11-12 but illegal encroacher did not file any appeal or revision.

3. That on 12-12-2012 Punjab Wakf filed eviction petition U/s 55 before the LD S.D.M and date is fixed on 24-12-12

I think now you will know whole the case. Will you please guide me whether illegal encroacher can file a revision & injunction application before wakf tribunal or what step he can take. Please take it urgent matter

Raj Kumar Makkad (Expert) 21 December 2012
Revision petition is the right of every party in such cases and limitation is also generally condoned if sufficient cause is shown that party so better to concentrate in getting dismissal of the revision petition.

Guest (Querist) 23 December 2012
Respected Raj Kumar Makkad Sahib,

Thanks for your guidance.The illegal encroacher sent notice 20-12-12 to file the suit against order dated 17-10-12 U/s 54 of wakf act and wakf board filed execution petition before ld Sub Divisional Magistrate on 12-12-12. Pls guide me now what will be the status of my Execution petition. Whether it has no value now or proceeding of this execution petition will stop.

Raj Kumar Makkad (Expert) 29 December 2012
As the appeal is subjudice so better to wait for its outcome instead of perusing execution petition. Generally in appeals, stay order is provided to appellant against execution of order/judgment under appeal.

What procedure to be followed by s.d.m to vacate wakf property under section 55 of wakf act 1995

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