Md. Shamshad Alam v. The Bihar State Wakf Tribunal, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15072 of 2017 ======================================================

1. Md. Shamshad Alam, Son of Md. Khairuddin, Resident of MohallaNagmatia Colony, Road No. 3, Police Station- Civil Line, District- Gaya. .... .... Petitioner/s

Versus

1. The Bihar State Wakf Tribunal, Patna.

2. The Bihar State Sunni Wakf Board, Haj Bhawan, Ali Imam Path, Patna through its Chief Executive Officer.

3. The chairman of the Bihar State Sunni Wakf Board, Haj Bhawan, Ali Imam Path, Patna.

4. The Chief Executive Officer, Bihar State Sunni Wakf Board, Haj Bhawan, Ali Imam Path, Patna.

5. Mumtaz Alam, Son of Late Abdul Hafeez, Resident of Mohalla T. Model School Lane, Police Station- Civil Line, District- Gaya. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Shahab Khalil For the Respondent/s : Mr. Md. Helal Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-05-2018 Mr. Shahab Khalil, learned counsel for the petitioner submits that due to inadvertence a writ petition under Article 226 of the Constitution of India has been filed before this Court against the order passed by the Waqf Tribunal. He submitted that the writ petition may be disposed of with liberty to the petitioner to avail the statutory remedy of revision in terms of proviso to sub-section

(9) of Section 83 of the Waqf Act, 1995.

The prayer is allowed. The application is disposed of with the liberty aforesaid.

(Ashwani Kumar Singh, J) Pradeep/- U