The Managing Committee Of Madarsa Islamia At Mairwa v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16845 of 2015 ====================================================== The Managing Committee Of Madarsa Islamia At Mairwa son of Md. Yasin, resident of Mohalla- Yasin Manzil, at and P.O. Mairwa, P.S. Mairwa, DistrictSiwan. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Bihar State Madarsa Education Board, through it's Secretary. 3.

The Chairman, Bihar State Madarsa Education Board, 5, Vidyapati Marg, Patna.

4.

The Secretary, Bihar State Madarsa Education Board, 5, Vidyapati Marg, Patna.

5.

The District Education Officer, Siwan.

6.

The District Programme Officer, Siwan.

7.

Azim Ahmad son of Late Abdul Haque Ansari, resident of Mohalla- Mani Chapra, P.S. Mahshi, District- East Champaran at present residence of H/o Ishri Prasad Near Thana More, Mahshi Road, Mairwa at and P.O. Mairwa, District- Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the State :

Mr. Jitendra Kumar Roy, S.C.-13 Mr. Bijay Bhushan Prasad, A.C. to S.C.-13 For the Madarsa Board :

Mr. Shahzad Hassan Khan, Advocate Mr. Md. Aslam Ansari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-01-2024 On call, no one appears on behalf of the petitioner though learned Counsel for the State as also the Madarsa Board are present.

2. The prayer is for quashing of the order dated 19.02.2015 issued by the Bihar State Madarsa Education Board, Patna by which the District Magistrate, Siwan was directed to look into the misappropriation of fund made by the head

Patna High Court CWJC No.16845 of 2015(2) dt.04-01-2024 2/2 'Moulvi', Azim Ahmad of the Madarsa Committee (Annexure 4 to the petition).

3. Learned Counsel appearing for the Madarsa Board submits that it was a request made to the District Magistrate, Siwan to look into the matter and that too was against Azim Ahmad. He has not approached this Court rather the Managing Committee through its Secretary, Saheb Hussain is trying to challenge the same.

4. He however, is unable to inform what was the outcome of the enquiry made by the District Magistrate, Siwan.

5. This Court finds force in the submissions put forward by the learned Counsel appearing for the Madarsa Board and it was a request made to the District Magistrate, Siwan to look into the alleged misappropriation of fund by Azim Ahmad who is not aggrieved nor has approached this Court.

6. The writ petition is misconceived and is accordingly dismissed.

(Rajiv Roy, J) Neha/- U