Noor Mohammad v. State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7888 of 1995 ====================================================== Noor Mohammad son of Late Walayat Mian, resident of village Baruna, P.O and P.S. Surajpur, District Rohtas.

.... .... Petitioner/s

Versus

1.State of Bihar.

2.The Bihar State Sunni Wakf Board through its Chairman, Gulabbagh, Patna-4.

3.Chairman, Bihar State Sunni Wakf Board, Gulabbagh, Patna-4. 4.Secretary, Bihar State Sunni Wakf Board, Gulabbagh, Patna-4 .......Respondent 1st Set.

5.Taiyab Mian.

6.Zahur Mian.

7.Hasan Mian.

8.Abbas Mian Sons of late Ghughru Mian.

9.Sabir Mian son of Tahir Mian, resident of village Baruna, P.O. and P.S. Surajpur, District Rohtas.

.......respondents 2nd set.

10.Baijnath Sharma son of Chhedi Lohar, Resident of Village Baruna, P.O. and P.S. Surajpur, District Rohtas.

11.Smt. Shanti Devi wife of Uma Shankar Prasad, resident of village Baruna, P.O. and P.S. Surajpur, District Rohtas. ........Respondents 3rd Set.

====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 28-01-2015 Heard learned counsel for the parties.

Having regard to the fact that the impugned order is capable of being assailed before the WAKF Tribunal, this court would allow the prayer of learned counsel for the petitioner to withdraw this application in order to enable the petitioner to file his appeal before the WAKF Tribunal.

Patna High Court CWJC No.7888 of 1995 (9) dt.28-01-2015 It is made clear that if the petitioner files his appeal within a period of 30 days from today, the Tribunal shall decide the matter on merits without non suiting the petitioner on the ground of delay/limitation, if any, keeping in view that this writ application had remained pending since, 22.09.1995.

(Mihir Kumar Jha, J) Ranjan/- U