MUNIR AHSAN @ MUNIR HASAN @ MUNIR AHSAN SON OF LATE SHAHZAD HUSSAIN @ SHAHZADU HUSSAIN Vs. BIHAR STATE SHIA WAQF BOARD

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This civil revision application, under Section 83(9) of the Waqf Act,1995, is against order dated 11.09.2017 passed in Eviction Application No.03 of 2016 by the Bihar Waqf Tribunal Patna, whereby the Tribunal held that the petitioner is encroacher and is in illegal possession of Waqf Estate No.5/Patna since long without any legal sanction. The Tribunal further held that Chief Executive Officer of Siya Waqf Board has rightly found, in his enquiry, that the petitioner herein is encroacher on the Waqf property. Order for recovery of Rs.5,000/- per day has also been passed, on failure, to vacate the property within 45 days.

(3.) The main contention of the learned counsel for the petitioner is that the enquiry report of the Chief Executive Officer as well as order of the Tribunal, both suffers from non-application of judicial mind and are in flagrant violation of the requirement of law.