GOPAL SAH Vs. THE BIHAR WAKF TRIBUNAL, PATNA

JUDGEMENT

(1.) Both the counsel have agreed that the matter can be heard and disposed of at the stage of admission,

(2.) The matter has been listed before us on reference made by learned Single Judge on 16.5.2011 on the ground that the order passed in C.W J.C. No. 3329 of 2005 by a Co-ordinate Bench is stated to have attained finality and has not been questioned by the petitioners.

(3.) Learned counsel appearing on behalf of the petitioners has contended that it is an admitted fact that on earlier occasion the petitioners have approached this Court by filing C.W.J.C. No. 3329 of 2005 which has been dismissed by the learned Single Judge of this Court on 23.2.2006 holding that this court cannot protect the interest of the petitioners as alleged tenant of the property. Subsequently when notice has been issued to remove the encroachments on 12.7.2006 purported to be issued under Section 54 of the Act, the same has been questioned before this Court by filing a writ petition being C.W.J.C. No. 4258 of 2006 which was disposed of on 20.2.2007, wherein a reference has been made with regard to the order passed by this Court in C.W.J.C. No. 3329 of 2005 dated 28.2.2006. It has also been contended that the learned Single Judge has held in C.W.J.C. No. 4258 of 2006 that dismissal of C.W.J.C. No. 3329 of 2005 does not mean that the proceedings got concluded by the order of this court. Accordingly, the learned Single Judge was pleased to remand the matter to the Wakf Board with a direction to pass a final order as enjoined upon it to do under Section 54 of the Act and then proceed in accordance with law. It has also been contended that the matter has been taken up by the Chief Executive Officer of the Wakf Board and passed order on 23.8.2007 (Annexure-18 to the writ petition) to the effect that the petitioners' are encroachers of the Wakf Board property and directed the petitioners to remove the illegal possession of the encroached property and deliver the possession to the Secretary of Managing Committee of Anjuman Islamia Wakf Estate No. 344, Katihar within ten days of the notice of the Board. Accordingly, the matter was carried to the Bihar Wakf Tribunal, Patna in T.S. No. 36 of 2009 which was disposed of on 20.12.20t0 upholding the order of the Chief Executive Officer while disposing of the suit. The same has been questioned in the present writ petition.