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2014 DIGILAW 1512 (AP)

A. Naga Prasad Rao v. State of Andhra Pradesh

2014-12-12

NOOTY RAMAMOHANA RAO

body2014
Order The petitioner herein sought for a writ of mandamus for declaring the action of the 4th respondent Chief Executive Officer of the Waqf Board in directing him, through the impugned order dated 16.09.2014, to vacate the premises on the ground that he has encroached upon the land belonging to a waqf institution, as illegal. It is not in dispute that the 4th respondent has passed the order on 16.09.2014. Section 54 of the Waqf Act, 1995 dealt with removal of encroachments from out of the waqf properties. Sub- section (3) thereof has clearly stipulated that if, after considering the objections, received during the period specified in the notice issued, and after conducting an inquiry in such manner, as is prescribed, the Chief Executive Officer is satisfied that the property in question is waqf property and that there has been an encroachment on any such waqf property, he may, make an Application to the Tribunal for grant of order of eviction for removing such encroachment and for delivery of possession of the land, building, space or other property encroached upon to the Muthawalli of the Waqf institution. Sub-section (3) of Section 54 of the Act therefore, clearly envisages the Chief Executive Officer to make an Application to the Waqf Tribunal for securing eviction of the encroacher from the waqf property encroached upon. This requirement of the Chief Executive Officer to approach the Tribunal has been brought about by Amending Act 27 of 2013, which was brought into force on 01.11.2013. Therefore, after 01.11.2013, the Chief Executive Officer cannot issue any direction to an encroacher to vacate and deliver the vacant possession of the encroached property by him. On the other hand, on and from 01.11.2013, the Chief Executive Officer of the Waqf Board has to necessarily approach the Waqf Tribunal with an Application seeking eviction of the alleged encroacher from the waqf property in question. The impugned order was passed on 16.09.2014 long subsequent to 01.11.2013, by which date, the Amending Act 27 of 2013 has been brought into force. The impugned order was passed on 16.09.2014 long subsequent to 01.11.2013, by which date, the Amending Act 27 of 2013 has been brought into force. Therefore, the impugned order passed by the Chief Executive Officer of the Waqf Board on 16.09.2014 is without power and jurisdiction and he has to necessarily make an Application to the Waqf Tribunal seeking eviction of the writ petitioner, in case the Chief Executive Officer has come to a firm conclusion that the petitioner has encroached upon the property belonging to a waqf institution. For sheer want of power and jurisdiction, the impugned order is set aide and liberty is preserved to the Chief Executive Officer to approach the Waqf Tribunal immediately with necessary Application for eviction of the petitioner. The Writ Petition is therefore, allowed in the above terms, after hearing the learned Standing Counsel for the Wakf Board (Andhra Pradesh). No costs. Consequently, the miscellaneous petitions, if any, shall stand disposed of.