RAKESH BATRA Vs. DISTRICT MINORITY

JUDGEMENT

(1.) Petitioner is allegedly an encroacher in the property of Waqf Board. He is challenging the recovery citation dated 01.10.2019 passed by the respondent no.2. The petitioner though denies the title of the Waqf Board on the said property but as for himself his status is only that of an unauthorized occupant.

(2.) Apart from the petitioner, such recovery proceedings were also initiated against many other persons, allegedly occupying the Waqf property. Such persons including the present petitioner, filed a writ petitions before this Court, which were initially allowed vide order dated 18.11.2015 and the recovery citations were quashed. Against the order dated 18.11.2015, the respondent no.3 preferred the review petition before the learned Single Judge of this Court, where the learned Single Judge in its order dated 26.02.2016 observed as under:-

(3.) Aggrieved by the order dated 26.02.2016, respondent no.3 preferred special appeals before the Division Bench of this Court. The Division Bench of this Court disposed of the special appeals giving liberty to the petitioners, which included the present petitioner to approach the Waqf Tribunal.