45. Issue of notice to show cause against order of eviction.
(1)If a Chairman, Tehsil Committee is of the opinion that any person is in unauthorized occupation of any Wakaf premises/property and that he should be evicted, the Chairman, Tehsil Committee shall issue in the manner hereafter provided a notice in writing calling upon such person concerned to show cause why an order of eviction not be made.(2)The notice shall,-(a)specify the grounds on which the order of eviction is proposed to be made ; and(b)require, all persons concerned, that is to say all persons who are, or may be, in occupation of or claim interest in the Wakaf property,-(i)to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than seven days and not more than twelve days from the date of issue thereof ; and(ii)to appear before the Chairman, Tehsil Committee on the date specified in the notice along with the evidence which they intend to produce in support of the cause shown, and also for personal hearing, if such hearing is desired.(3)The Chairman, Tehsil Committee shall cause the notice to be served by having it affixed on the outer door of some other conspicuous part of the Wakaf premises, and in such other manner as he may deem fit, whereupon the notice shall be deemed to have been duly given to all persons concerned.(4)Where the Chairman, Tehsil Committee has reason to believe that any person or persons is/are in occupation of the Wakaf premises, then, without prejudice to the provision of a sub-section (3) he shall cause the copy of the notice to be served on every such person by post or by delivering or tendering it to that person or in such other manner as he may deem fit.
