Ramcharan Lal Kushwah vs Mp Wakf Board Bhopal
2022 Latest Caselaw 3955 MP

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        IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
                                  CR No. 20 of 2022
                     (RAMCHARAN LAL KUSHWAH Vs MP WAKF BOARD BHOPAL)

Dated : 22-03-2022
        Shri Siddharth Sharma, learned counsel for the petitioner.
        Shri F.A.Shah, learned counsel for the respondent.

Since Shri F.A. Shah caused his appearance, therefore, no notice is required to be issued to the respondent.

Heard on admission as well as I.A.No.199/2022 an application for stay. Petitioner is aggrieved by order dated 15-12-2021 passed by M.P. State

Wakf Tribunal, Bhopal; whereby, petitioner has been directed to be evicted.

It is the grievance of the petitioner that earlier a civil suit was filed by Intzamia Committee, Idgah, Gohad, District Bhind against present petitioner as tenant but vide judgment dated 20/12/2007 passed by Civil Judge, Class-I, Gohad, District Bhind in Civil Suit No.35-A/2007 dismissed the suit preferred by Intzamia Committee so far as prayer to evict the present petitioner is concerned however, directed the petitioner to deposit arrears of rent. Concealing the said fact, M.P. Wakf Board,Bhopal through its Chief Executive Officer filed an application under Section 54(4) of Wakf Act, 2013 and Tribunal in arbitrary and slipshod manner

declared the petitioner as ex parte and proceeded with the impugned order. Approach of Wakf Tribunal is erroneous and arbitrary.

Till next date of hearing, effect and operation of impugned order dated 15- 12-2021 shall be kept in abeyance and petitioner shall be allowed to continue at his present place of occupation and shall not be evicted in any manner.

List along with C.R.No.16/2022.

Certified copy as per rules

(ANAND PATHAK) JUDGE

Anil*

ANIL KUMAR CHAURASIYA 2022.03.14 22:45:22

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