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2026 DAILYLAW 28629 (PNJ)

PUNJAB WAKF BOARD, AMBALA CANTT v. STATE OF PUNJAB AND OTHERS

CWP/16556/2000 · 2026-07-08

Pankaj Jain

body2026

Judgment text

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DEEPAK KUMAR 2026.07.10 16:35 I attest to the accuracy and integrity of this document CWP-16556-2000 (O&M) -2- 4. Mr. Malik submits that though the Civil Court answered the issue w.r.t. the nature of the property against the Waqf Board in Civil Suit No.93/1971 vide judgment and decree dated 12.08.1974, but the same cannot be relied upon as in the same judgment the civil court held that the jurisdiction of the civil court was barred. Thus, the findings ought not have been relied upon by the authorities. 5. On being asked, Mr. Malik has fairly conceded that having suffered judgment and decree dated 12.08.1974, no further appeal was preferred by Punjab Waqf Board. 6. In view thereof, this Court finds that once civil court framed a specific issue to the effect that: ‘whether the suit property is a waqf property?’ and the said issue was answered against the Waqf Board, Waqf Board cannot be allowed to avoid the said decree without challenging the same in appeal. Once the judgment and decree has attained finality, the Waqf Board cannot turn back and still claim that the land is a waqf property. Needless to say, the notification issued under Section 4 of the Waqf Act, 1954 being prior to decree, has no bearing on the present case. 7. Resultantly, finding no merit in the present writ petition, the same is ordered to be dismissed. 8. Pending application, if any, shall also stand disposed off. July 08, 2026 (Pankaj Jain) Dpr Judge Whether speaking/reasoned : Yes/No Whether reportable : Yes/No DEEPAK KUMAR 2026.07.10 16:35 I attest to the accuracy and integrity of this document