Disposed

Abdul Wahid v. State of U.P. Thru. Prin. Secy. Minority Welfare Lko. and Others

Allahabad HC12 Sept 2022/6215/2022

Case brief

AI extract

What is this about?

The High Court, without examining the merits, disposed of the writ petition concerning illegal encroachment on Waqf property. The court directed the Chief Executive Officer to proceed under Section 54 of the Waqf Board Act with expedition, ensuring due hearing and removing encroachments if found.

What did the court decide?

Directed Chief Executive Officer to take appropriate steps under Section 54 of the Waqf Board to address encroachment and remove encroachers if found.

Abdul Wahid Vs State of U.P. Thru. Prin. Secy… — Landlord and Tenant | Allahabad HC (2022)

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Court No. - 2

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Case :- WRIT - C No. - 6215 of 2022

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Petitioner :- Abdul Wahid

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Respondent :- State Of U.P. Thru. Prin. Secy. Minority Welfare Lko. And Others Counsel for Petitioner :- Faisal Ahmad Khan, Ankit Verma

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Counsel for Respondent :- C.S.C.,Syed Qamar Hasan Rizvi

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Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Saurabh Srivastava,J.

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1. Heard the learned counsel for the petitioner Shri Faisal Ahmad Khan, and learned Standing Counsel representing the State-Respondents and Shri Q. H. Rizvi, learned counsel representing the U.P. Sunni Central Waqf Board.

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2. In view of the proposed order, requirement of issuance of notice to Respondent nos.3 & 4 is hereby dispensed with.

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3. The primary grievance raised in this petition is that certain encroachers have illegally encroached upon and occupied the Waqf property known as Qabristan Noor Bafan situated at District Saharanpur which is registered as Waqf No.690. The petitioner had earlier approached this Court by instituting the Writ Petition No.28700 (M/B) of 2021, with the relief that the Respondents therein may be directed to take action on some application said to have been preferred by the petitioner dated 23.11.2021. This Court while hearing the said writ petition dismissed the same by means of order dated 09.12.2021 with certain liberty granted to the petitioner. The Court in its order dated 09.12.2021 noted that the Executive Officer of the Waqf Board has written certain letter to the petitioner on 06.12.2021 for disclosing the particulars of the persons who have said to have been encroached upon the Waqf property and accordingly, the Court dismissed the writ petition and granted liberty to the petitioner to approach the Authority concerned in view of letter of the Executive Officer of the Board dated 06.12.2021.

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4. Our attention has been drawn by the learned counsel for the petitioner to Annexure-4 annexed with the writ petition, which is an application dated 05.01.2022 filed by the petitioner and is addressed to the Chairman/Chief

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Executive Officer of the Board. Submission of the learned counsel for the petitioner is that in compliance of the earlier order passed by this Court on 09.12.2021 and also in reply to the letter of the Executive Officer of the Waqf Board dated 06.12.2021, the petitioner though had made Representation way back on 05.01.2022, however, in terms of Section 54 of Waqf Board, the Chief Executive Officer has not proceeded with the matter which has resulted in continued encroachment over the Waqf property.

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5. Be that as it may, without entering into the merits of the claim of the petitioner, since the application dated 05.01.2022 is pending before the Chief Executive Officer of the Board and Section 32 of the Waqf Act, 1995, casts a duty upon the Waqf Board to exercise general superintendence of the Waqf properties so that the Waqf property is properly maintained, controlled and administered, we dispose of the writ petition with a direction to the Chief Executive Officer to take appropriate steps and proceed in accordance with provisions contained in Section 54 of the Waqf Board, with expedition.

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6. We further direct that while proceeding under Section 54 the Chief Executive Officer shall act strictly in accordance with law and that too after giving opportunity of hearing and putting forth their claim, to all concerned including the Respondent nos.3 & 4.

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7. In case any encroachment on enquiry is/has been found on the Waqf property, the Chief Executive Officer/the Appropriate Authority of the Waqf Board shall take appropriate action to ensure removal of the same.

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Order Date :- 12.9.2022 PAL

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Digitally signed by NARESH PAL Date: 2022.09.12 19:23:46 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Abdul Wahid v. State of U.P. Thru. Prin. Secy. Minority Welfare Lko. and Others

Case brief

What is this about?

What did the court decide?

Abdul Wahid v. State of U.P. Thru. Prin. Secy. Minority Welfare Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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