S.R. Alam, CJ:

1. In the instant writ petition which has been filed as Public Interest Litigation, petitioner inter alia seeks issuance of writ of mandamus, directing respondent No. 3- Commissioner, Municipal Corporation, Jabalpur to remove the encroachment from Chandalbhata Maszid, Marhotal, Damoh Road, Jabalpur.

2. Learned Counsel for the petitioner submitted that several persons have encroached the land belonging to Chandalbhata Masjid despite several representations made to various authorities as well as to the Wakf Board, but no action in the matter has been taken till date. Learned Counsel for the petitioner has drawn our attention to averments made in Para 9 of the return filed on behalf of Wakf Board in which it is stated that Wakf Board has collected the information regarding the encroachers. It has further been averred in Para 6 of the return that M.P. Wakf Board may initiate proceedings against the encroachers under Section 54 of the Wakf Act, 1955 (hereinafter referred to as the 'Act' for short). However, even the Wakf Board has failed to exercise the statutory powers vested in it.

3. On the other hand, Shri S.A. Wakil, learned Counsel appearing for the Wakf Board, fairly submitted that appropriate steps for removal of the encroachment as provided under Section 54 read with Section 55 of the Act, shall be taken. Section 54 of the Act 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 he 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 it 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."

4. We have considered the submissions made by the learned Counsel for the parties.

5. It is apparent that Chief Executive Officer either on the complaint made to it or suo motu can initiated proceedings under Section 54 of the Act for removal of encroachment. Section 54 provides that the Chief Executive Officer shall give a show-cause notice to the encroachers specifying the particulars of the encroachment and; thereafter, if the encroachers do not appear within the specified date, he shall pass an appropriate order directing to remove the encroachment. However, if the encroacher appears and files objection, the Chief Executive Officer shall consider the objection and thereafter conduct inquiry in the manner prescribed and after having been satisfied that a Wakf property has been encroached upon, he will pass an order for removal of such encroachment. However, if the encroachment is not removed, the Chief Executive Officer shall report the matter to the Sub Divisional Magistrate under Section 55 of the Act. Section 55 of the Act is reproduced below for the facility of reference :

""55. Enforcement of orders made under Section 54.- Where the person, ordered under sub-section (3) of Section 54 to remove any encroachment, omits or fails to remove such encroachment, within the time specified in the order or as the case may be, fails to vacate the land, building, space or other property to which the order relates, within the time aforesaid, the Chief Executive Officer may apply to the Sub Divisional Magistrate within the local limits of whose jurisdiction the land, building, space or other property is situated for evicting the encroacher, and, thereupon, such Magistrate shall make an order directing the encroacher to remove the encroachment, or, as the case may be, vacate the land, building, space or other property and to delivery possession thereof to the concerned mutawalli and in default of compliance with the order, remove the encroachment or, as the case may be, evict the encroacher from the land, building, space or other property and may, for this purpose, take such police assistance as may be necessary."

From perusal of the aforesaid provision, it is clear that if the encroacher fails to remove encroachment within the time specified, the Chief Executive Officer may approach the Sub Divisional Magistrate and such Sub Divisional Magistrate shall direct the encroachers to remove the encroachment within a specified time and to deliver possession to the concerned mutawalli and if the encroacher fails to carry out the directions, the Sub Divisional Magistrate shall remove the encroachment and evict the encroacher from the land by taking police assistance as may be required.

6. Thus, from perusal of Sections 54 and 55 of the Wakf Act, it is clear that the Act itself provides an adequate and efficacious remedy to an aggrieved person. Supreme Court in the case of Guruvayoor Devaswom Managing Committee and another Vs. C.K. Rajan and others, (2003) 7 SCC 546, while setting aside the order of the High Court passed in Public Interest Litigation held as under :-

"60. ...... That maybe so but the Act is a self- contained code. Duties and functions are prescribed in the Act and the Rules framed thereu

nder. Forums have been created thereunder for ventilation of the grievances of the affected persons. Ordinarily, therefore, such forums should be moved at the first instance ........." 7. Thus, in view of aforesaid enunciation of law by the Supreme Court, we decline to entertain the instant writ petition as Public Interest Litigation. 8. However, the petitioner would be at liberty to approach the Wakf Board by making an appropriate application under Section 54 of the Act. In case such an application is made, the Wakf Board shall proceed in accordance with law and decide the same preferably within a period of four months. 9. With the aforesaid direction the writ petition stands disposed of.