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2023 Supreme(Pat) 1147

KHATIM REZA
Munna Yadav @ Ashok Yadav – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ajay Prasad.
For the State : M/s Ajit Kumar Sinha, Kumari Amrita (GP-3).
For the Respondents: M/s Rashid Izhar, Md. Helal Ahmad.

Khatim Reza, J. – Heard learned counsel for the petitioner and learned counsel appearing on behalf of Bihar State Sunni Waqf Board as well as learned counsel for the opposite party no. 6.

2. The petitioner has filed this Civil Revision Application under Section 83(9) of the Waqf Act, 1995, being aggrieved by the order dated 29.11.2018 passed by the Bihar State Waqf Tribunal, Patna in Eviction Application No. 12 of 2016 filed by the Bihar State Sunni Waqf Board under Section 54(3) of the Waqf Act, 2013 for removal of the encroachment from the Waqf property against the petitioner-opposite party whereby, the learned Tribunal has declared that the petitioner is the encroacher of the Qabristan pertaining to plot no. 1709 and 1711 measuring an area of 0.71 acre and 0.38 acre respectively and so the petitioner-opposite party was directed to vacate the same and also direction was given to the Chief Executive Officer, Bihar State Sunni Waqf Board to take all appropriate action for vacation of the land mentioned in eviction application and take possession of the property and the opposite party shall be held liable to pay damages at the rate of five thousand per day to the Estate if he does no

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