The Waqf Tribunal has jurisdiction for passing orders for eviction of tenants from Waqf property, as clarified by the Hon’ble Supreme Court in Rashid Wali Beg Versus Farid Pindari and Others reported in (2022) 4 Supreme Court Case 414.

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 replied admitting his tenancy @ Rs.700/- per month and further stated that he paid a sum of Rs.51,000/-only as P.M.C. tax on behalf of Board and the Board has no right to fix fair rent. It was found that either Shital Mistry or Satya Narain Sharma (Opposite Parties in application) have neither any agreement in their favour nor they are paying rent since long and damaging the Waqf property, issued notice to them for not paying rent for more than two consecutive months to which he is liable to be evicted u/s 54 of the Waqf Act 1995 [as amended vide Amendment Act, 2013]. The office of the applicant Waqf Board in order to ascertain factual position a report submitted by the staff concerned that Opposite Party occupied and carrying his business in the Waqf land without payment of rent. The petitioner was declared encroacher of waqf land within the meaning of Section 3(ee) of the Waqf Act vide order date 25.11.2014. During the course of proceeding before Tribunal, due to death of Shettal Prasad his name was deleted vide order dated 24.08.2017.

4. Considering the facts and material on record, the Tribunal held that the CEO, Bihar State Sunni Waqf Board has rightly held that the Opposite Party (petitioner herein) being tenant of the Waqf Estate No. 362 has not paid rent since March 2006 to September, 2013 and has became encroacher within the meaning of Section 3 (ee) of the Waqf Act of the Waqf Estate No. 362 and opposite parties are fit to be evicted.

5. It is submitted by learned Counsel for the petitioner that the impugned order is illegal and arbitrary and liable to be set aside on the ground that the learned Waqf Tribunal has illegally and arbitrary held O.P. No. 2 (petitioner herein) to be encroacher within the meaning of Section 3 (ee) of the Waqf Act without complying mandatory provision as provided in Section 54 (1). It is further submitted that no notice was served upon the petitioner as required under Section 54 and has not been given any opportunity to be heard before filing of eviction application. It is further submitted that the Tribunal gave a finding about the fair rent without considering the case of petitioner and illegally directed the petitioner to pay a damage Rs.5,000/-per day when no prayer has been made by the applicant or nothing has been produced to prove the damage. It is further submitted that Sheetal Mistry had died on 30.04.2015 before filing of the application and as such the application amounts to a nullity. It is lastly submitted that a lawful tenant can be evicted by the order of competent Civil Court and the Tribunal has no jurisdiction in this regard.

6. In counter affidavit filed by Opposite Party Waqf Board, it is stated that Rule 48 of the Bihar Waqf Rules, 2002 provides procedure for determination of rent by Board and any p