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KHATIM REZA
Md. Ali – Appellant
Versus
Chief Executive Officer, Bihar State Sunni Waqf Board, Haj Bhawan – Respondent
ORDER
Heard learned counsel for the petitioners and learned counsel for the opposite parties.
2. All these three Revisions Applications arise out of Eviction Applications which were allowed by the learned Chairman/Presiding Officer, the Bihar State Waqf Tribunal Patna, (for brevity ‘the Tribunal’) whereby petitioners have been declared as encroachers of the properties of Haji Khuda, Baksh Waqf Estate No. 1190.
3. Civil Revision Nos. 73 of 2019 has been filed by the petitioner against the order dated 02.04.2019 passed in Eviction Application No. 06 of 2016 whereby petitioner has been declared as encroachers of the properties of Haji Khuda Baksh, Waqf Estate No. 1190 over plot No. 2699.
4. So far Civil Revision Nos. 92 of 2019, 94 of 2019, 98 of 2019, 99 of 2019 and 100 of 2019 are concerned, they have been filed by different petitioners against the common order dated 05-04-2019 passed in Eviction Application No. 05 of 2017 whereby petitioners have been declared as encroachers of the properties of Haji Khuda Baksh, Waqf Estate No. 1190. Details of the encroached portion of the Waqf Estate has been given at the foot of the Eviction Application.
5. The case of the applicant/ Bihar State Sun
Point of Law : The definition of the word ‘encroachment' under Section 54 of the Wakf Act and in para.7 to 12 defined the word ‘encroacher' and the power of Wakf Board under Section 54 of the Wakf Ac....
The court affirmed that interested persons in a Waqf can file for removal of encroachment, and that expired leases render occupants encroachers under the Waqf Act.
The court affirmed that interested persons in a Waqf can maintain a suit for removal of encroachment, and that expired leases result in automatic classification as encroachers under the Waqf Act.
A person interested in a Waqf can maintain a suit for removal of encroachment, and an expired lease results in automatic classification as an encroacher under the Waqf Act.
Interested persons can maintain a suit for removal of encroachment under Section 83(2) of the Waqf Act, and those whose lease has expired are considered encroachers.
The court affirmed that interested persons in a Waqf can maintain a suit for removal of encroachment, and that expired leases result in automatic encroachment status under the Waqf Act.
Point of Law : Due process need not mean only an active process initiated by the owner of the property.
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