Mirza Amirullah Beg v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8620 of 2018 ====================================================== Mirza Amirullah Beg ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed Firoz Reza, Advocate For the Shia Waqf Board:

Mr. Anjum Akhtar, Advocate Mr. Ramesh Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-06-2023 Let the name of the lawyer who has since been elevated be deleted from the list.

Heard the parties.

The present writ petition has been filed for the quashing of the letter bearing no.328/Patna-1239 dated 04.07.2017 issued by the Chief Executive Officer, Bihar State Shia Waqf Board by which the concerned Board vide the aforesaid letter is interfering with the administration of Hasan Imam Waqf Estate 32, Block B/Patna whereas the same has been held to be not a Waqf under its definition and earlier also the Waqf Board was restrained from interfering with the administration and management of the Hasan Imam Waqf Estate vide judgment dated 01.07.1974 passed in C.W.J.C. No.258 of 1974 passed by Hon'ble Division Bench (AIR.1975 Patna-48).

Patna High Court CWJC No.8620 of 2018(4) dt.27-06-2023 2/2 The Respondent Nos. 2 and 3 has since appeared through its Counsel.

It is unfortunate that despite passage of five years, no counter affidavit is on record.

The petitioner has also failed to comply the last order and no supplementary affidavit has been filed. Two weeks time is granted to both the petitioner and the Respondent Nos. 2 and 3 to file their respective supplementary affidavit/counter affidavit failing which Rs. 5,000/- to be deposited with the Patna High Court Legal Services Committee by any of the aforesaid defaulter. (Rajiv Roy, J) Neha/- U