MD. ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed seeking quashing of an order issued by memo No. 147 dtd. 14/1/2021 passed by the Chief Executive Officer, Bihar State Sunni Waqf Board ('the Board' in short), Patna in compliance of an order dtd. 5/4/2019 passed by the Bihar State Waqf Tribunal ('the Tribunal' in short). Against the said order dtd. 5/4/2019, the petitioners have filed Civil Revision applications before this Court registered as C.R. No. 99 of 2019 and C.R. No. 94 of 2019 under the proviso to sub-sec. (9) of Sec. 83 of the Waqf Act, 1995 (hereinafter referred to as 'the Act'), which are pending. No interim order has been passed in the said Civil Revision Applications by this Court in relation to operation of the aforesaid order passed by the Tribunal.

(2.) There is a finding recorded by the Chief Executive Officer of the Board in an order dtd. 6/2/2017 (Annexure-2), whereby the petitioners have been declared to be in unauthorized occupation of the Kanhauli Mosque, which has been held to be a Waqf property dedicated by Haji Khuda Bux. It is worthwhile mentioning that Sec. 54 of the Act casts a duty upon the Chief Executive Officer of the Board, on receiving any complaint or on his own motion that there has been an encroachment of any land, building, space or other property which is a Waqf property and which has been registered as such under the Act, to put such enchroachers on show cause notice, for removing the encroachment. Sub-sec.

(3.) The Chief Executive Officer passed the aforesaid order dtd. 6/2/2017 under Sec. 54(3) of the Act and sent all relevant documents to the Tribunal for grant of eviction order against the encroachers, including these petitioners. Sub-sec. (4) of Sec. 54 confers upon the Tribunal jurisdiction to make an order of eviction directing that the waqf property shall be evicted by all persons who may be in occupation thereof or any part thereof. The proviso to sub-sec. (4) of Sec. 54 allows the Tribunal to give an opportunity of being heard to the person against whom the application for eviction has been made by the Chief Executive Officer.