Md. Khurshid Anwar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.647 of 2019 ====================================================== Md. Khurshid Anwar S/o Late Kamruddin Khan, Resident of Mohalla- Islam Toli, P.O.P.S.- Aurangabad, District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Minority Welfare Department, Govt. of Bihar, New Secreatariat, Patna. 2.

The Chief Executive Officer, Bihar State Sunni Wakf Board 34 Ali Imam Path, Haj Bhawan, Patna.

3.

The District Magistrate, Aurangabad.

4.

The S.D.O. Sadar Aurangabad.

5.

The Chairman, Wokf Board, Aurangabad Anjuman Islamia Jamamasjid Aurangabad.

6.

The Secretary, District Aukaff Committee, Aurangabad. 7.

The Managing Committee Ajuman Islamia Jamamasjid Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the State :

Mr. Manoj Kumar Sinha, AC to GA-9 For the Sunni Wakf Board: Mr. Me. Helal Ahmad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-07-2019 The reliefs prayed in the writ application seeking a direction to the Managing Committee of the Anjuman Islamia Jama Masjid, Aurangabad to allot the shop no.2 and 3 of the newly constructed shop at Anjuman Islamic Jama Masjid Market, Aurangabad cannot be granted by this Court in its writ jurisdiction.

Learned counsel for the Bihar State Sunni Wakf Board (respondent no.2) has rightly submitted before this Court that property being a Wakf property, the petitioner would be

Patna High Court CWJC No.647 of 2019(3) dt.18-07-2019 2/2 required to establish his tenancy right before the Tribunal constituted under Section 83 of the Wakf Act, 1995. This writ application is disposed of with liberty to the petitioner to seek his remedy before the appropriate forum. Learned counsel for the petitioner submits that he has moved before the Bihar State Sunni Wakf Board vide Annexure2 to the writ application. Without going into the merit of the contentions, this Court would observe that it is for the petitioner to pursue his remedy in accordance with law.

Learned counsel for the State is also present. (Rajeev Ranjan Prasad, J) arvind/- U