The Gauhati High Court has dismissed a writ petition regarding the alleged encroachment of Waqf properties in Assam. The petition raised concerns about various individuals encroaching upon Waqf properties in the State, with authorities purportedly failing to take action.
In its dismissal, the High Court observed, “A person, who files any petition in public interest, is supposed to do proper research and place relevant and cogent material before the High Court for the public cause. All these elements are missing in the present writ petition. Hence, we are not inclined to entertain this writ petition in the form of public interest litigation and the same is, therefore, dismissed.”
Besides, the High Court noted that the petitioner had only complained about encroachment on Waqf properties belonging to Golam Rahman Waqf Estate, rather than addressing the broader issue of encroachments across Assam.
The petitioner’s representations and evidence were found insufficient to substantiate the claims made in the petition. The High Court advised the petitioner to approach the Chief Executive Officer of the Assam Board of Waqf with detailed information and substantial evidence regarding any grievances related to encroachments on Waqf properties, emphasising adherence to relevant laws, particularly Section 54 of the Waqf Act, 1955.
