Md. Izhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7887 of 2019 ====================================================== 1.

Md. Izhar Son of Md. Islam Resident of Mohalla-High Court Mazar, Sharif, P.O.-G.P.O., P.S. Kotwali, District-Patna. House/Blog Apt Tajpur, Village/Town/City/Tajpur, P.O.-Dayalpur, P.S. Baniyapur, District-Saran 2.

Salma Khatton Wife of Izhar Resident of Mohalla-High Court Mazar, Sharif, P.O.-G.P.O., P.S. Kotwali, District-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Bihar State Sunni Wakf Board, through its Chief Executive Officer Namely Iftekhar Hasan, Harding Road, Patna 3.

The District Magistrate, Patna 4.

The Senior Superintendent of Police, Patna 5.

The Sub Divisional Officer, Sadar, Patna 6.

The Officer in-Charge Kotwali Police Station Patna 7.

The Managing Committee, Hazarat Shah Syed Peer Murad Rahmatullah Israfil Anwar, S/o Late Asghar Ali @ Munna Mian, R/o MohallaAdalatganj, P.S. Kotwali, District-Patna 8.

Ashique Khan S/o Late Yasin Khan R/o Nayatola janipur Road, P.S. Phulwari Sharif District-Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Respondent/s :

Md. Helal Ahmad, Advocate Md.Raisul Haque (SC10) Md. Obadullah, A.C. to SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-06-2023 Heard Mr. Manoj Kumar, learned counsel for the

Patna High Court CWJC No.7887 of 2019(4) dt.22-06-2023 2/3 petitioners as also the State and the learned counsel appearing for the Sunni Waqf Board.

The prayer is for setting aside the notice dated 05.02.2019 issued by the respondent by which the respondent- the Bihat State Sunni Waqf Board directed them to vacate the land.

Learned counsel for the petitioners submit that the said letter dated 05.12.2019 forced them to rush to the Court. Learned counsel appearing on behalf of the Sunni Waqf Board submits that the notice is of 2019 and the petitioners are still occupying the plot clearly shows that further steps have not been taken pursuant to the said notice. He further submits that once they appear before the Board with their respective replies, a reasoned order will be passed. In view of the fair submission put forward by the learned counsel appearing on behalf of the Sunni Waqf Board, this Court is inclined to dispose of the writ petition with observation that if the petitioners file their proper representation/reply to the said notice dated 05.02.2019, within four weeks from today, Sunni Waqf Board shall be duty bound to hear them and pass a reasoned order in the next four weeks. It is expected that till the decision is taken in the

Patna High Court CWJC No.7887 of 2019(4) dt.22-06-2023 3/3 matter, the status-quo as existing today shall be maintained. Accordingly, the writ petition stands disposed of. (Rajiv Roy, J) Jagdish/kiran/- U