Syed Shabih Haidar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8829 of 2013 ======================================================

1. Syed Shabih Haidar S/O Syed Md. Ismail R/O Purnea City, Police Station- Sadar, District- Purnea .... .... Petitioner/s

Versus

1. The State Of Bihar through the Collector, Purnia

2. The Bihar State Shia Wakf Board through its Chairman Ali Imam Path, Patna

3. The Chief Executive Officer, Bihar State Shia Wakf Board, Ali Imam Path, Patna

4. Mrs. Syeda Begum W/O Syed Haidar Raza Rizvi R/O Mohalla- Kamra, Police Station- Town, District- Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Sinha, Advocate For the Respondent-State : Mr. S. K. Sweat, A.C. to G.P.-18 For the Respondent No.2 : Mr. S. Qaisher Hassan, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 02-03-2015 In this writ petition, memo dated 30th March, 2013 issued by the Chief Executive Officer, Bihar State Shia Wakf Board, the 2nd respondent herein, is challenged. Through the said memo, the 2nd respondent appointed the 4th respondent as Mutawalli of Wakf Estate No.83 of Purnea district.

Heard learned counsel for the petitioner and learned counsel for the respondents.

It is not in dispute that the petitioner has an effective and alternative remedy before the Bihar State

Patna High Court CWJC No.8829 of 2013 (7) dt.02-03-2015 2/2 Wakf Tribunal. The Tribunal would be better suited to adjudicate the matters of this nature duly taking into account, the relevant provisions of law.

We, therefore, dismiss the writ petition leaving it open to the petitioner to avail the remedy before the Tribunal.

(L. Narasimha Reddy, CJ) (Vikash Jain, J) Sunil/- U