Allahabad High Court
Shadwan Ali vs State Of U.P. Thru. Prin. Secy. ... on 23 June, 2021
Bench: Rajan Roy, Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- MISC. BENCH No. - 12579 of 2021
Petitioner :- Shadwan Ali
Respondent :- State Of U.P. Thru. Prin. Secy. Minority Welfare/Waqf & Ors.
Counsel for Petitioner :- Sajjad Husain
Counsel for Respondent :- C.S.C.
Hon'ble Rajan Roy,J.
Hon'ble Saurabh Lavania,J.
Heard.
The petitioner herein has filed this petition seeking a Writ of Mandamus directing the opposite parties no. 1 to 4 to take appropriate action for removal of the encroachment made by the opposite parties no. 5 to 7 over Waqf property bearing Waqf no. - T-2674, Lucknow, Gata no. 455/1 to 455/16 (New nos. 585, 586, 590 & 591) situated at Mauja Bhoohar, Pargana, Tehsil and District- Lucknow and give possession to the petitioner as per khatauni fasali year 1359 after its paimish within the stipulated time as this Hon'ble Court deems just and proper. The second prayer is for a direction to the District Magistrate, Lucknow to decide the petitioner's representation dated 16.02.2021.
In support of these reliefs, learned Counsel for the petitioner invited our attention to a final order dated 08.02.2018 passed by this Court in Writ Petition no. 3739 (M/B) of 2018 which according to him was filed by the Muttawali who is the petitioner's father. He also invited our attention to certain letters/correspondence by the Administrative Officer of the Waqf Board to the District Magistrate/Collector, Lucknow. However, when we invited his attention to the provisions contained in Section 54 of the Waqf Act, 1995 (hereinafter referred as Act, 1995) which prescribe a procedure for removal of encroachment which involves issuance of notice to the alleged encroacher by the Board, hearing him out and then taking a decision. If the Board is satisfied about the encroachment, it is only then that a direction would be issued to the District Magistrate for its removal.
We asked the learned Counsel for the petitioner as to where are these proceedings and where is final order of the Board? Learned Counsel for the petitioner could not place before us any such order which may be referable to Section 54 of the Act, 1995. He only referred to certain administrative letters/correspondence issued by the administrative officer saying that he has been asked to convey the directions contained therein to the District Magistrate which in our humble opinion is not in tune with the provisions of law contained in the Act, 1995.
If the petitioner has any locus in the matter, he may take recourse to the proceedings prescribed under the Act, 1995 for removal of encroachment but as of now we do not find any reason to consider and pass the directions as prayed for. In fact, it appears in the earlier proceedings this aspect of the matter regarding specific provision contained in Section 54 etc. of the Act, 1995 regarding removal of encroachment was not brought to the notice of the Coordinate Bench, therefore, the said judgment which is of 2018 also does not persuade us to issue the directions as prayed for in this writ petition, subject however to above, as, there is no decision/order of the Shia Centarl Board of the Waqf annexed in this petition which may be referable to Section 54 or any other section of the Act, 1995. Therefore, we are not inclined to interfere at the behest of the petitioner under Article 226 of the Constitution of India.
With the aforesaid observations, the petition is disposed of.
Order Date :- 23.6.2021
Lokesh Kumar
