SHIREEN BANO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this batch of matters, common question of law and fact is involved, therefore, they were heard analogously and are being disposed of by this common order.

(2.) Invoking the jurisdiction of this Court under Article 226/227 of the Constitution of India, the petitioners have called in question the order dated 16-1-2012 passed by the Chief Executive Officer, Chhattisgarh State Wakf Board and also the consequential order dated 25-6-2014 directing the petitioners to deliver the vacant possession of the subject shops to the Mutwalli, Hazrat Fatehshah Mazar and Masjid Trust Committee, Tikrapara, Raipur. The said Mutwalli, Hazrat Fatehshah Mazar and Masjid Trust Committee filed an application under Section 54 of the Waqf Act, 1995 (unamended) for removal of encroachment from the wakf property in which the petitioners appeared and filed reply that they are lessees of the suit shops and the said lease has also been renewed from time to time, they are not encroachers and they are tenants as such, and prayed that the application filed under Section 54 of the Waqf Act, 1995 pertaining to removal of encroachment from waqf property deserves to be rejected.

(3.) The Chief Executive Officer, Chhattisgarh State Wakf Board by its impugned order after framing issues allowed the application holding that the petitioners are encroachers and they are in unauthorised occupation since 1994 and, therefore, they are liable to pay damages right from 1994. After final order of eviction, notices have also been issued for delivering vacant possession which has also been challenged.