Disposed

Jahangir Pasha Sk v. The Chairman and another

Telangana HC15 Feb 2022WP(PIL)/21/2022

Case brief

AI extract

What is this about?

The High Court disposed of a PIL regarding encroachment on Wakf property. The Court directed the Chief Executive Officer to take action under the Wakf Act to remove encroachers within four months.

What did the court decide?

A direction was issued to the Chief Executive Officer, Telangana State Wakf Board, to take appropriate action to remove encroachers within four months.

Jahangir Pasha Sk Vs The Chairman and another — Land Acquisition | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Ju risd iction)

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TUESDAY, THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO

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P RESE NT

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THE HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA ANO

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THE HONOURABLE SRI JUSTICE ABHINAND KUMAR^SHAVILI

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WRIT PETITION PU BLIC INTEREST LITIGATION) NQ:2'l^{OF 2022}

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Between

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Jahangir Pasha Sk, S/o. lvlurthuza Shaik,^{Aged about 44 years, OccBusiness, R/o. Plot} No. 32, Pragathi Nagar, Ramanthapur, Hyderabad.

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...PETITIONER

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AND

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The Chairman, Telangana State^{Wakf Board, HajHouse, PublicGardens'} Nampally, Hyderabad.

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The Chief Executive Officer,^{TelanganaStateWakf Board, Haj House, Public} Gardens, Nampally, Hyderabad.

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...RESPONDENTS

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Petition Under Alticle 226 of the Constitution of lndia^{prayingthat in the} circumstances stated in the^{affidavit filed therewith, the HighCourt may be pleased} to issue an appropriate writ order or^{direction more particularly in the nature of Writ} of Mandamus under Article 226 ol^{lhe Constitutionof lndia declaringthe action of the} respondents herein in not taking^{actionon therepresentation dated 30.12.2021 of} the Petitioner requesting to take^{necessary stepsto protectthe Wakf Propertyby} removing the encroachers from the^{Wakf Property admeasuringAc. 51-17 Guntasin} Sy. Nos.6 and 7 of l,4ansoorabad Village.^{SaroornagarMandal, Ranga Reddy} District attached to the^{Masjid-E-QutubShahi,is as beingillegal' arbitraryand} unconstitutional and for other reliefs and^{violationof Articles 14, 21 and 300-4 of} constitution of lndia and consequently^{directthe Respondents herein to take stepsto} protect the Wakf Property by removing the encroachers from the Wakf^Property admeasuring Ac. 51-17 Guntas^{in Sy. Nos.6 and 7 of MansoorabadVillage,} Saroornagar Mandal, Ranga Reddy^{District attachedto the Masiid-E-QutubShahi, in} the interest of^justice.

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lA NO:^'l O F 2022

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Petition Under Section 151^{CPC praying thatin lhe circumstances statedin} the affidavit filed in support of the^petition, the^{HighCourt may be pleasedto direct} the Respondents herein to initlate^{necessarysteps to protect the Wakf Property by} removing the encroachers from the Wakf^{Propertyadmeasuring Ac.51-17 Guntasin} Sy. Nos.6 and 7 of lvlansoorabad^{Village,SaroornagarMandal, RangaReddy} District attached to the Masjid-E-Qutub^{Shahi, Pending disposalof the main Writ} Petition, in the interest of^justice.

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Counsel for the Petitioner : SRI.M.A.MUJEEB

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Counsel for the Respondents^{: SRI'ABU AKRAM}

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The Court made the following^ORDER

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THE HON'BLE TIIE CHIEF JUSTICE SATISH CHANDRA SHARMA AND

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THE HON'BLE SRI JUSTICE ABHINAND KUMAR STIAVILI

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II/RIT PETITION [PIL) No.21 of 2022

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ORDER: Pet^tettot ue^{npChtL,Jksr.Ls} sorBh⁽ /!rtr.t.( .J/(r?,,,/

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The present public interest litigation has been filed by the petitioner stating that the petitioner has submitted a representation in respect of encroachment upon the Wakf property admeasuring Ac.51.17 guntas in Sy.Nos.6 and 7 of the Mansoorabad Village, Saroornagar Mandal, Ranga Reddy Distdct, attached to Masjid-E-eutub Shahi.

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The contention of the petitioner is that he has submitted various representations and the representation, which is on record, is dated 30.t2.2021.

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Learned counsel for the Wakf Board has stated befirre this Court that Sections 54 and 55 of rhe Wakf Act, 1995 (for short,^,,the Act,) provides for removal of encroachment and the petitioner, alter submission of representation, r.r.ithout u.aiting Ior the outcome of his representation has rushed to this Court. He has stated that the representation of the petitioner shall be dealL u,ith in accordance rvith Iaw keeping in view Sections 54 and 55 ol the Acr. Sections 54 and 55 of the Act read as under:

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Removal of encroachment from waqf property.--{ I I Whenever the Chief Executive Oflicer 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 eocroachment before the date so specilied should not be made and shall also send a copy of such notice to the concemed mutawalli.

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l2l The notice reierred to in sub-section /l/ shall be served in such manner as may be prescribed.

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(3) If, after considering the objections, received during the period specifled in the notice, and after conducting an inquiry in such manner as may be prescribed, the Chief Executive Officer- is satis{ied that rhe

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property in questiOn is waqf prope.ty 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 ior removing] such encroachment and deliver possession of the land, building, space or other propert! encroached upon lo the mutawalli of the waqf.

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(4) Tl]e libunal, Lrl)orr re(cipl of such applrcation irom the Chref ExecLrtjv. Olliccr. fr,r'r.,:rs()Ds lo be rccorded thc,cir. make an orclcr^of evictron dircctine thar rlre \a(li propertr shall be !'acaled b| all^persons r,"ho mav bc rit occ paltr)l'r rh{.r.ot or an<sup>par'1 th.reoi, and citr.lse a^{cop</sup> ol the order r(r be alii..1ⁱ⁾ⁿ rlrC oLrter'door'or some other consptauo.ts palt of thc \'aqi propcrl':}

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Provided that lhe Tribunal mav before making an ordel^of eviction, gjve an oppornrnitv of being heard to the^{person against\'hom} the applicatjon for eviction has been made^b1- the Chief^{ExecutiveOfficer.}

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(5) Ifanv person refuses or fails to comply^{with theorder of eviction} within fortv-five davs from the date of affixture of tbe order^{under sub-} section f2,), the Chief Executive^Officer01- any other^persondulv authorised by him in this behalf^{may evict that personfrom,and take} possession of, the."r,aqf Propertl'.

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Edfoicement of orders made under sectlo!^{54:_ wher€the} person, order fsub-section^(4)l under sub-section⁽³⁾ of^section54to remove any encroachment, omits or^{faiis to remove such encroachment,} within the time specifled in the order^{or,asthecasemay be, failsto} vacate the land, building, space or other^property to^{which theorder} relates, within the tirlle aforesaid,^{theChiet Executive Officermay} [refer the order of the Tribunal to the^{ExecutiveMagistratel withinthe Iocal} limits of whose^jurisdiction the land, building,^{spaceor other property is} situate for evicting the encroacher,^{and, thereupon,such Magistrate} shall make an order directing the^{encroachertoremovethe} encroachment, or, as the case may^{be, vacatethe land,building,space or} other property and to deliver^{possession thereoftothe concerned} mutawalli and in default of^{compliancewith the order,removethe} encroachment or. as the case^{mav be, evict the encroachmentfromthe} land, building, space or other^{propertyand may, for the purpose,Iike} such police assistance as ma] be necessary.

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55A. Dl6poBal of^property left on^{waqf ptopertyby unauthorlsed} occupant6,--(l) Where arl'^{person has been evictedfromanYwaqf} propert! under sub sectioll /'ll of seclion^{54. the ChicfExecutive Officer} ma)', after giving fourleell davs^{notice to thc personfrom nhom} possession oi lhe Naql^{pr-opert</sup> has been^{taken andafter publishingthe} notjce in at least one^{ne\'spaperhaving ciraulationin the localityand} alter proclaimrng thc corrtcnls^{of the noticc b\ placingit on conspicLlolls} par-t of the⁽ aql propcrl\ . rcmo|e or cause^{to be removedor disposeof bt} public aLrction an| propcr t! remaining^{onsLlchplemrses.}}

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(2) Where anl propcrtv is sold under^{stlb section} i/1,/,^thesale proceeds shall. after deducling lhc expenses^{relating to removal,sale and} such other expenses.^{lhc amounl, if anr', due to the State Governmentor} a iocal aulhoritv or a aorporate^{authoritv on account of arrears of rent,} damages or costs, be^{paidto suchperson,as maYappearto theChief} Executive Oftlcer to be entitled^{to the same:}

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Provided that \1'here the Chief^{ExecutiveOfficer is unableto} decide as to the^person to^{whom the balance of theamount is payable or} as to the appoiotment^{of thesame,he may refersuch disputeto the} Tribunal and the decision of^{the Tribunalthereonshall be linal'}

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ln the light of the aforesaid statutory provisions oI law, the present public interest litigation stands disposed of with a direction to the Chief Executive Oflicer, Wakf Board, to take appropriate action in accordance with law within a period of four months from the date of receipt of a certihed copy of this order.

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Misceilaneous petitions, if any, shall stand closed. There shall be

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no order as to costs.

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SDi.B.SATYAVATHI ASSISTANT REGISTRAR ,TRUE COPY// &

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SECTION OFFICER

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The Chairman, Telangana State Wakf Board, Haj House, Public Gardens, Nampally, Hyderabad.

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The Chief Execulive Officer, Telangana State Wakf Board, Haj House,^public Gardens, Nampally, Hyderabad.

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One CC to SRl.N4.A.[/]UJEEB, Advocate [OPUCI

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4, One CC to SRI.ABU AKRA[,4, Advocate [OPUC]

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Two CD Copies

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One spare copy SA t- SW {

;

HIGH COURT

DATED:1510212022

ORDER

WP(PlL).No.21 of 2022

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DISPOSING OF THE W.P(PIL) WITHOUT COSTS.

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4-\I
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pilitturi

Jahangir Pasha Sk v. The Chairman and another

Case brief

What is this about?

What did the court decide?

Jahangir Pasha Sk v. The Chairman and another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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