Possession of tenant must be protected unless due process under Waqf Act is followed, and tenants may participate in bidding for tenancy.

ORDER

[VIA VIDEO CONFERENCING]

Asha Menon, J. (Oral)

WP (C) No. 7542/2021, C.M. Appl. No. 23642/2021 (by the petitioner u/S 151 CPC for interim relief)

1. This petition under Article 226 of the Constitution of India has been filed by the petitioner with the following prayers:

"(a) Issue a Writ of mandamus or any other suitable Writ, or Direction in favour of the petitioner and against the respondent to remove its seal from the shop in question, i.e., Shop no.649, Waqf Haji Abdul Qayyum, Hamilton Road, Kashmiri Gate, Delhi-110006 forthwith;

(b) Issue a writ of mandamus or any other suitable Writ or Direction thereby directing the respondent, Delhi Waqf Board to consider the petitioner under the provisions of the Waqf Properties Lease Rules, 2014 as amended upto date;

(c) Issue a writ of Certiorari or any other suitable Writ or Direction thereby quashing the public notice/advertisement published in news papers on 27.07.2021 to the extent it includes the shop in question Shop no.649, Waqf Haji Abdul Qayyum, Hamilton Road, Kashmiri Gate, Delhi-110006.

(d) Pass any such and further order as deemed fit in the interest of justice."

2. Mr. Rukhsar Ahmed, learned counsel for the petitioner has submitted that the petitioner's uncle had been the tenant in the Waqf Property being Shop No.649, Waqf Haji Abdul Qayyum, Hamilton Road, Kashmiri Gate, Delhi-110006 since before 1970. He passed away in the year 2003 whereafter the petitioner remained in possession of the said shop and had himself continued paying the rent till the year 2016, when the Rent Collector of the respondent/Delhi Waqf Board stopped coming to the premises to collect rent from him. It is also submitted that he had also approached the respondent/Delhi Waqf Board to treat him as a tenant and had expressed his willingness to pay all the arrears of the rent. In fact, he had transferred the arrears of rent through IMPS.

3. Learned counsel for the petitioner further submitted that under Section 54 of the Waqf Act, 1995, if the respondent/Delhi Waqf Board had desired to evict the tenant/petitioner, describing him as an encroacher, it had to approach the Tribunal. Instead, without following due process, the respondent/Delhi Waqf Board sealed the premises i.e., the shop in question on 8th July 2021. Further, it had affixed a Public Notice at the premises, including the shop in the list of properties available for bidding, to induct fresh tenants.

4. Learned counsel for the petitioner also relied on the amended Rule 18 of the Waqf Properties Lease Rules, 2014 to contend that the procedure for bidding need not be adopted in case of a lessee occupying Waqf property uninterruptedly from 1995 onwards or prior thereto as a measure of one-time concession. Learned counsel for the petitioner also relies on Rule 26 of the Waqf Properties Lease Rules, 2014 to submit that the lease was intended for the benefit of and was binding on the successors and assigns of the lessor and the heirs, executors and administrators and permitted successors and assignees of the lessee and since the original lessee was the uncle of the petitioner, he was covered under this provision. In these circumstances, his possession be protected and the respondent/Delhi Waqf Board be directed to de-seal the property and the Public Notice dated 27th July, 2021 in so far as it includes the shop in question in possession of the petitioner be quashed.

5. Mr. Wajeeh Shafiq, learned Standing Counsel for the respondent/Delhi Waqf Board, who appears on advance notice, submits that with the amendment of the Waqf Properties Lease Rules, 2014 on 18th February, 2020, there could be no automatic renewal of the lease. Further, the lease can be renewed only through an