S. Kumar, J. – Heard learned counsel for the parties.

2. This civil revision application is directed against the order dated 03.04.2019 passed by Bihar State Waqf Tribunal, Patna (hereinafter referred to as the 'Tribunal') in Eviction Application No. 20 of 2017 passed by the Presiding Officer of the Tribunal by which the petitioner has been directed to vacate the land of Waqf Estate No. 663 within 45 days.

3. Petitioner was given notice in Form 52 under Section 54 of Waqf Act, 1995 by the Chief Executive Officer, Bihar State Sunni Waqf Board, Patna, alleging therein that Petitioner has encroached upon/taken illegal occupation over the Waqf property belonging to High Court Mazar, Waqf Estate No. 663, as detailed in notice and thereafter was asked to submit his explanation within 15 days from the date of receipt of notice. The details of the encroached land is Circle No. 138, Plot No. 96, Ward No. 28, Areas measuring 22 x 11.66 Sq. Ft bounded by Parti Zameen in East, west boundary wall of Patna High Court, North Md. Munna and South Md. Shah Nawaz.

4. Pursuant to this notice petitioner submitted his show cause reply on 13.09.2017 in which he has stated that he is not an encroacher rather tenant of the area mentioned in the notice for last many years. It has been further replied that he is in possession over the area mentioned in the notice since month of November-2013 as tenant and tenancy was created and granted by the managing committee of Waqf Estate No. 663 and since thereafter he is paying rent to the managing committee for which receipt has been granted by the managing committee of Waqf Estate No. 663 and there is valid electric connection running in his name on said land. It has been further stated that if any rent is due, he is willing to pay the same. It has lastly been stated that he is tenant and not encroacher.

5. A proceeding was initiated on the basis of joint report dated 06.09.2017 submitted by Md. Aslam, Incharge, High Court Mazar, Estate No. 663 and Saukat Ali Khan, Board Member of High Court Mazar, Estate No. 663, after making enquiry of the shop situated towards Western Wall pursuant to the order dated 20.11.2017 of Patna High Court passed in CWJC No. 9143 of 2014. In the enquiry, it was found that adjacent to the Western Wall, Motor Garaze are being run without taking permission of the Board. Petitioner is unauthorized occupant as stated in the order passed by the Chief Executive Officer. In the order, it has been stated that Petitioner filed his show cause reply on 13.09.2017 and thereafter personal hearing was given to him on 26.09.2017. Petitioner pleaded before the Chief Executive Officer that he is tenant since long and tenancy was created and granted by the managing committee of the Board and he paid rent to the managing committee which also granted him receipts.

6. The Chief Executive Officer has observed that petitioner has not produced any document showing tenancy with the managing committee or the Board. The authority has further held that petitioner has admitted that there was no lease agreement with respect to land in question and the rent receipt was being granted by the Secretary without any approval from the Board. The authority has finally concluded that petitioner has occupied the land of Waqf estate No.663 by making temporary structure over the same but they never entered into any lease agreement either with the managing committee of Waqf estate or with the Waqf Board, as such he has occupied the land of Waqf estate no.663 without any legal authority and as such he is encroacher under Section 3(ee) of the WAKF Act, 1995 and as such he is liable to be evicted.

7. Pursuant to said order, Chief Executive Officer of Bihar State Sunni WAKF Board, filed an application against the Petitioner under Section 54(3) of the Waqf Amendment Act, 2013 for his eviction. The Tribunal has held that Waqf property was earlier managed and looked after by office bearers and member of managing committee as constituted fr