Md. Taiyab v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5284 of 2015 =========================================================== Md. Taiyab Son of Late Deen Mohamad, Resident of Village- Bhimpur, Police Station- Madhepur, District- Madhubani.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Chairman Bihar, State Madarsa Education Board, Patna.

3. The District Officer, Madhubani.

4. Md. Murtuja Ali Ansari, Son of Late Sekhawat Hussain, Resident of VillageBhimpur, Police Station- Madhepur, District- Madhubani.

5. The District Magistrate, Madhubani.

.... .... Respondents =========================================================== Appearance :

For the Petitioner :

Mr. Prabhas Ranjan, Advocate For the State :

Md. N. Hoda Khan, S.C.18 For Madarsa Board :

Mr. Rashid Alam, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 22-01-2016 With the nature of dispute being raised in the present writ application where the true identity of the two Madarsas are required to be established as to which is the authentic one, the actual forum for such adjudications will be a civil court of competent jurisdiction which can go into all facets of evidence and make a declaration. Article 226 of the Constitution of India being a summary proceeding is not the answer for such dispute. Writ is dismissed with liberty as above.

(Ajay Kumar Tripathi, J.) Sanjay/- U