Court No. - 34
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 488 of 2019 Petitioner :- Ram Naresh Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Yashpal Yadav,Rajesh Yadav Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Heard Sri Yashpal Yadav, learned counsel for petitioner and learned Standing Counsel for State-respondents.
2. This petition has been filed as Public Interest Litigation (hereinafter referred to as 'PIL') seeking a mandamus directing respondents-District Collector and Deputy District Collector, Tehsil-Padrauna to remove encroachment made on the Graveyard land (Kabristan) at Araji No. 1668/0.308 HA located at village Ansari Tola, Jangal Jagdishpur, Tehsil Padrauna, District Kushinagar.
3. If there is any encroachment on Muslim wakf property, provision has been made under Section 54 of Wakf Act, 1995 (hereinafter referred to as "Act, 1995") laying down procedure and authority concerned responsible for removal of encroachment from such wakf property and it reads as under : -
"54. Removal of encroachment from wakf property.—(1) Whenever the Chief Executive Officer considers whether on receiving any complaint or on his own motion that there has been an encroachment on any land, building, space or other property which is wakf property and, which has been registered as such under this Act, he shall cause to be served upon the encroacher a notice specifying the particulars of the encroachment and calling upon him to show cause before a date to be specified in such notice, as
to why an order requiring him to remove the encroachment before the date so specified should not be made and shall also send a copy of such notice to the concerned mutawalli.
(2) The notice referred to in sub-section (1) shall be served in such manner as may be prescribed.
(3) If, after considering the objections, received during the period specified in the notice, and after conducting an inquiry in such manner as may be prescribed, the Chief Executive Officer is satisfied that the property in question is wakf property and that there has been an encroachment on any such wakf property, he may, by an order, require the encroacher to remove such encroachment and deliver possession of the land, building, space or other property encroached upon to the mutawalli of the wakf.
(4) Nothing contained in sub-section (3) shall prevent any person aggrieved by the order made by the Chief Executive Officer under that sub-section from instituting a suit in a Tribunal to establish that he has right, title or interest in the land, building, space or other property: Provided that no such suit shall be instituted by a person who has been let into possession of the land, building, space or other property as a lessee, licensee or mortgagee by the mutawalli of the wakf or by any other person authorised by him in this behalf."
5. Since petitioner has a specific, expeditious and effective alternative remedy under act, 1995, we do not find any reason to entertain this writ petition and not to relegate to follow aforesaid statutory alternative remedy. Learned counsel for petitioner also could not advance ant substantial argument so as not to relegate petitioner to avail said remedy.
6. Writ petition is, accordingly, dismissed on the ground of alternative remedy.
Order Date :- 26.4.2019 Akram