Allahabad High Court
Sharif Ahmad And 6 Others vs State Of U.P. And 2 Others on 11 July, 2022
Bench: Manoj Kumar Gupta, Yogendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 21 Case :- WRIT - C No. - 18948 of 2022 Petitioner :- Sharif Ahmad And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Harshit Pathak,Anurag Pathak Counsel for Respondent :- CSC,Punit Kumar Gupta Hon'ble Manoj Kumar Gupta,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
The instant petition has been filed praying for several reliefs, however at the time of making oral submissions Sri Anurag Pathak, learned counsel for the petitioners submits that he is pressing relief no. 2 only which is for a direction to respondent no. 2 to decide the matter relating to Waqf No. 32.
The case of the petitioners is that they are occupying separate shops on Vivekanand Marg at Prayagraj and that the property in which they are tenants is not Waqf property. According to the petitioners, the same belongs to one Ali Husain. It seems that respondent no. 3 who claims himself to be Mutawalli of the Waqf had filed certain complaint before the Chief Executive Officer of the U.P. Sunni Central Waqf Board under Section 54 of the Waqf Act, 1995. The petitioners want the said proceedings to be decided expeditiously.
Section 54 stipulates that in case any complaint is recieved by the Chief Executive Officer he will hold an enquiry and satisfy himself as to whether the property in question is waqf property or not and whether or not it has been encroached. In case he comes to the conclusion that it is waqf property and has been encroached, it is open to him to make an application to the Tribunal for grant of order of eviction.
Sri Punit Kumar Gupta, learned counsel appearing on behalf of respondent no.2 states that Chief Executive Officer will hold the enquiry as contemplated under Section 54 of the Act within such time as may be directed by this Court and will thereafter, act in accordance with provisions of the said section.
Accordingly, without expressing any opinion on merit, the petition is disposed of with direction to the Chief Executive Officer, U.P. Sunni Central Waqf Board to conclude the enquiry in the complaint made before him in the manner provided under Section 54 of the Act positively within twelve weeks from the date of communication of true copy of the instant order and thereafter, take consequential action, if warranted, in accordance with law.
Order Date :- 11.7.2022 Kirti (Dr. Y.K. Srivastava, J) (Manoj Kumar Gupta, J)