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KHATIM REZA
Mirza Akhtar Hussain – Appellant
Versus
Bihar State Shia Waqf Board, Patna – Respondent
ORDER
Heard Mr. Syed Qaiser Hassan, learned counsel for the petitioners, Mr. Md Anjum Akhter, learned counsel for the opposite party no. 1 & 2 and Mr. Shamimul Hooda, learned counsel for the opposite party no. 3.
2. This Civil Revision Application has been filed to question the judgment and order dated 10.11.2023 passed by Bihar State Waqf Tribunal (hereinafter referred to as ‘Tribunal’) in Eviction Application No. 24 of 2020 whereby, eviction application filed by Chief Executive Officer, Bihar State Shia Waqf Board for declaring opposite parties (petitioners) as encroacher over the Waqf property, in question, has been allowed by learned Tribunal.
3. The aforesaid eviction application was filed in pursuance of order dated 29.08.2019 passed by the Chief Executive Officer, Bihar State Shia Waqf Board, Patna under Section 54 of the Waqf Act, 1995 (Amendment Act, 2013) for removal/eviction of opposite parties from Waqf property and they have been declared encroacher by the Waqf Board of the premises of Mirza Wazir Hussain Waqf Estate, Waqf No. 230/Patna.
4. The case of the Waqf Board is that, opposite party no. 3 informed the Chief Executive Officer that opposite parties (petitioners) have
Removal from Mutawalliship of Waqf estate – Disputed question of facts which cannot be gone into in a writ petition under Article 226 of Constitution of India.
The Waqf Board must adhere to the rules of succession as per the waqf deed, reinforcing the principle of governance according to established customs and the intent of the waqif.
A Waqf cannot be created within an existing Waqf, and the Waqf Board lacks authority to create new Waqfs under the Waqf Act.
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.
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