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CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Md. Ali Son of Late Resident of Mohalla-Rambagh Kanhauli Bishnudutt, P. S. - Mithanpura, P. O. - Ramna, District- Muzaffarpur – Appellant
Versus
State of Bihar through Principal Secretary, Department of Minority Welfare, Govt. of Bihar – Respondent
JUDGMENT :
CHAKRADHARI SHARAN SINGH, J.
This writ application has been filed seeking quashing of an order issued by memo No. 147 dated 14.01.2021 passed by the Chief Executive Officer, Bihar State Sunni Waqf Board 'the Board' in short), Patna in compliance of an order dated 05.04.2019 passed by the Bihar State Waqf Tribunal ('the Tribunal' in short). Against the said order dated 05.04.2019, 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-section (9) of Section 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 dated 06.02.2017 (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 Section 54 of the Act casts a duty upon the Chief Executive Offic
Section 55 of the Waqf Act provides the procedure for enforcement of orders for removal of encroachment from Waqf property by the Tribunal.
Point of Law : The definition of the word ‘encroachment' under Section 54 of the Wakf Act and in para.7 to 12 defined the word ‘encroacher' and the power of Wakf Board under Section 54 of the Wakf Ac....
Eviction under the Waqf Act must proceed through civil suits, not via applications due to statutory provisions.
The distinction between the procedures under different sections of the Waqf Act and the applicability of court fee for specific proceedings.
The distinction between proceedings under Section 54 of the Waqf Act, 1995 and suit proceedings under Sections 6 and 7 is crucial in determining the liability to pay court fee.
The Waqf Act empowers the Chief Executive Officer to address encroachments on Waqf properties, with exclusive jurisdiction for related disputes resting with Waqf tribunals.
Waqf Board has the power under Section 54 of the Waqf Act to order eviction of encroachers from the waqf property.
The court affirmed that interested persons in a Waqf can maintain a suit for removal of encroachment, and that expired leases result in automatic classification as encroachers under the Waqf Act.
The court affirmed that interested persons in a Waqf can file for removal of encroachment, and that expired leases render occupants encroachers under the Waqf Act.
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