Allowed

Waqf Kar-E-Khair Jafri Begum v. State of U.P. and 6 Others

Allahabad HC12 Jul 2018WRIC/22642/2018

Case brief

AI extract

What is this about?

A writ petition challenging the failure of the Chief Executive Officer to remove encroachment from waqf property. The court held that the officer violated Sections 54 and 55 of the Waqf Act and directed him to follow the statutory eviction mechanism.

What did the court decide?

Respondent No. 2 directed to follow the procedure for removal of encroachment under Sections 54 and 55 of the Waqf Act, 1995.

Waqf Kar-E-Khair Jafri Begum Vs State of U.P. and 6… — Property and Title | Allahabad HC (2018)

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Court No. - 32

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Case :- WRIT - C No. - 22642 of 2018 Petitioner :- waqf Kar-E-Khair Jafri Begum Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Syed Mohammad Abbas Abdy Counsel for Respondent :- C.S.C.,Punit Kumar Gupta

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Hon'ble Shashi Kant Gupta,J. Hon'ble Rajiv Gupta,J.

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This writ petition has been filed, inter alia, for the following relief;

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"1. Issue a writ, order or direction in the nature of mandamus directing the revenue authority/Sub Division Magistrate, Khaga, Fatehpur to remove the encroachment from Gata No. 662, area 0.3240 Hectare situated at Village Bahera Sadat, Tehsil Khaga, District Fatehpur being waqf property, waqf Kar-eKhair Jafri Begum No. T-164 within a short stipulated time as provided by this Hon' ble Court."

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Heard learned counsel for the parties and perused the record.

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Learned counsel for the petitioner submitted that he has filed a complaint before the Chief Executive Officer, Respondent No. 2 with regard to encroachment upon the waqf property but no effective action/measure has been taken in the matter.

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Per Contra, Sri Punit Kumar Gupta, learned counsel appearing on behalf of the Waqf Board

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has stated that effective mechanism for removal of the illegal encroachment from the waqf property has been provided under Section 54 of the waqf Act, 1995. For ready reference Section 54 of the Waqf Act is quoted hereinbelow;

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"54. Removal of encroachment from [waqf] property.--(1) Whenever the Chief Executive Officer considers whether on receiving any complaint or on his own motion that there has been an encroachment on any land, building, space or other property which is [waqf] property and, which has been registered as such under this Act, he shall cause to be served upon the encroacher a notice specifying the particulars of the encroachment and calling upon him to show cause before a date to be specified in such notice, as to why an order requiring him to remove the encroachment before the date so specified should not be made and shall also send a copy of such notice to the concerned mutawalli.

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(2) The notice referred to in sub-section (1) shall be served in such manner as may be prescribed.

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(3) If, after considering the objections, received during the period specified in the notice, and after conducting an inquiry in such manner as may be prescribed, the Chief Executive Officer is satisfied that the property in question is [waqf] property and that there has been an encroachment on any such [waqf] property, he may, make an application to the Tribunal for grant of order of eviction for [removing] such encroachment and deliver possession of the land, building, space or other

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property encroached upon to the mutawalli of the [waqf].

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[(4) The Tribunal, upon receipt of such application from the Chief Executive Officer, for reasons to be recorded therein, make an order of eviction directing that the waqf property shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the waqf property:

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Provided that the Tribunal may before making an order of eviction, give an opportunity of being heard to the person against whom the application for eviction has been made by the Chief Executive Officer.

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(5) If any person refuses or fails to comply with the order of eviction within forty-five days from the date of affixture of the order under sub-section (2), the Chief Executive Officer or any other person duly authorised by him in this behalf may evict that person from, and take possession of, the waqf property.]

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A perusal of the aforesaid provision clearly shows that a complete mechanism for eviction of the person who has encroached upon the waqf property has been provided in the Act. In the present case, Chief Executive Officer, after receiving the complaint has failed to comply with the provisions of Sections 54 and 55 of the Waqf Act, 1995. He has merely issued a letter to the District Magistrate without referring the matter to the Tribunal as provided under the Act.

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In view of the above, Respondent No. 2 is

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directed to follow the procedure for the removal of the encroachment upon the waqf property in accordance with law as provided under Sections 54 and 55 of the Waqf Act, 1995 as expeditiously as possible.

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With this observation, this writ petition stands finally disposed of. Order Date :- 12.7.2018/vinay

Waqf Kar-E-Khair Jafri Begum v. State of U.P. and 6 Others

Case brief

What is this about?

What did the court decide?

Waqf Kar-E-Khair Jafri Begum v. State of U.P. and 6 Others

Case brief

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What did the court decide?

What the court decided

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