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2022 Supreme(Pat) 928

SUNIL DUTTA MISHRA
Satya Narain Sharma Son of Late Sheetal Mistry – Appellant
Versus
Chief Executive Officer Bihar State Sunni Waqf Board – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Manager Sah, Advocate
For the Respondent:Mr. Md. Helal Ahmad, Advocate

JUDGMENT :

1. Heard learned counsel for the parties.

2. This Revision Application is directed against the order dated 13.02.2019 passed by the Bihar State Waqf Tribunal, Patna (in short ‘the tribunal’) in Eviction Application No. 1/2017.

3. The Chief Executive Officer, Bihar State Sunni Waqf Board (in short ‘the Board’) filed eviction application being Eviction Application No.01/2017 before the Bihar State Waqf Tribunal, Patna against the petitioner and his father (now deceased) who occupied the Waqf land of Waqf Estate No. 362, Imambara, Patna City illegally and has not paying the rent due as such he has been declared as encroachers of the said Waqf area occupied by them. An enquiry was conducted by Waqf Board and it comes to the knowledge of Waqf Board that Sheetal Prasad (Father of petitioner) occupied large area of Waqf land and his son (petitioner) running timber mill over it and deliberately paying low rent and also constructed his house on Waqf land. It was also found that they have not paid rent since March, 2006 to September, 2013. A notice dated 16.09.2013 was issued to vacate the premises and to pay all the rent due @ Rs. 10 per square feet within 15 days which was repli

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