ORDER

Heard Mr. Sanjeeb Kumar Sanju, learned counsel for the petitioners, Mr. Rashid Izhar, learned counsel for the O.P. No. 2 and Mr. Helal Ahmad, learned counsel for the Bihar State Sunni Waqf Board.

2. This Civil Revision Application has been filed under Section 83(9) of the Waqf Act, 1995 for setting aside the ex parte order dated 26.09.2017 passed by the Chairman, Bihar Waqf Tribunal, Patna whereby Eviction Application No. 04 of 2017 filed by the Bihar State Sunni Waqf Board has been allowed and the order passed by the Chief Executive Officer, Bihar State Sunni Waqf Board dated 02.09.2016 has been affirmed and further declared that the present petitioners are encroachers and directed the petitioners to vacate the encroached properties of Sogra Waqf Estate appertaining to Thana No. 123, Khata No. 176, Plot No. 222, Area 3.06 acres situated at Mauza Kona Sarai, P.S.-Biharsharif, Distt.-Nalanda within 45 days.

3. Learned counsel for the petitioners submits that the petitioners did not receive the notice either of the Chief Executive Officer, Bihar State Sunni Waqf Board or learned Waqf Tribunal in Eviction Application No. 04 of 2017. Consequently, the petitioners could not get opportunity much less reasonable opportunity to appear and place their case and file the relevant documents which were very much relevant for proper adjudication of the dispute.

4. The case of the petitioners is based on settlement of the land made by the Mutawalli Sogra Waqf Estate on 25.03.1947 to one Bibi Saeedan, who continued in the possession of the land on settlement and was paying rent to exlandlord, who granted rent receipts. At the time of vesting of Zamindari, the settlee, namely, Saeedan was found in cultivating possession of the land and, accordingly, the name of Bibi Saeedan was recorded in Register-II and her name was entered into the records of Right. Further case of the petitioners is that after the death of said Bibi Saeedan, her only legal heirs Bibi Hamidan came into the exclusive possession of the land and continued paying rent to the State of Bihar and her name was mutated in the revenue records of the Block Office. It is further contended that the Circle Officer, Biharsarif in collusion with Mutawalli of Sogra Wakf Estate has prepared a report regarding encroachment over land, in question, on the basis of measurement of the land made in absence of the petitioners without any notice and ignoring the revenue records i.e. Register-II and the rent receipts issued by the State of Bihar to the petitioners. It is further submitted that due to mistake occurring in the fixation of rent, only 74 decimals was mentioned in the Laggit in place of 1 acres 74 decimals for which Mostt. Saeedan filed Miscellaneous Case No. 49 of 1977- 78 for correction of the said mistake before the Circle Officer, Biharsarif. In the said case, notice was issued to Mutawalli Sogra Waqf Estate and after hearing the parties and considering the relevant documents such as Hukumnama and rent receipts issued by the Waqf Estate as well as the State Government authorities and finding the possession of Bibi Hamidan over the land and, accordingly, the said mistake was corrected in the Register-II vide order dated 30.06.1979. Thereafter, Bibi Hamidan continued in paying rent to the State of Bihar. It is further submitted that petitioners purchased the said land from Bibi Hamidan and after purchase, they have constructed their respective houses and put boundary wall thereon and are residing therein with their family members. It is further contended that the Biharsarif Muncipality has created holding number of the houses of the petitioners, who are paying holding tax to the Biharsharif Muncipality.

5. It is vehemently submitted by the counsel for the petitioner that vendor of the petitioners, namely, Bibi Hamidan had filed Title Suit No. 87 of 2016 on 05.05.2016 before the learned court of Sub Judge-I, Biharsharif for declaration of title and for removing some construction being m