← Library
Patna High CourtCWJC/12979/2016dismissed

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

2017-08-17Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12979 of 2016 ======================================================

1. Managing Committee Of Madarsa Anjuman Islamia, at P.O Radhia (Salim Nagar) P.S. Govindganj, district East Champaran (Madarsa No. 1125) through it Secretary Rezaur Rahman Ansari, son of Late Khalid Ansari, Resident of Villagae- Radhia (Salim Nagar), P.O. Radhia, P.S. Govindganj, District East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Human Resources Development Department, Govt. of Bihar, Patna.

2. The Special Director, Secondary Education, Govt. of Bihar.

3. The Bihar State Madarsa Education Board, Vidyapati Marg, Patna through its Secretary.

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

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

6. The District Education Officer, East Champaran, Motihari.

7. Noorul Hasan Ansari, Son of late Jalil Ansari, Resident of VilageRadhia Salimnagar, P.S. Govindganj, District- East Champaran.

8. The Chairman, Bihar State Minority Commission, Old Secretariat, Patna. null null .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Anisur Rahman For the Respondent/s : Mr. Ajay Kumar, AC to GP4 For Respondent No.8 : Md. Nadim Seraj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-08-2017 The Managing Committee of Madarsa Anjuman Islamia, Radhia (Salim Nagar), through its Secretary, Rezaur Rahman Ansari has filed the present application, seeking quashing of an order passed by the Chairman of the Bihar State Madarsa Board, dated 08.04.2016, whereby an earlier letter, dated 07.07.2015 has been withdrawn. By letter No. 4231, dated

07.07.2015, a decision was taken for on the spot enquiry of the petitioner's Managing Committee and submit a report to the office of the Madarsa Board.

2. It seems that the said letter, dated 07.07.2015, was under challenge before this Court in CWJC No. 13822 of 2015 filed by the Managing Committee of Madarsa Anjumn Islasmia Madarsa No. 1125, Slaim Nagar, Radhia, through Abdul Quiyum Ansarai, the President of the Managing Committee. Noorul Hasan Ansari is said to be the Secretary of the Managing Committee of which said Abdul Quiym Ansari claimed to be the President.

3. Since the order, dated 07.07.2015, was withdrawn by the Madarsa Board, the Managing Committee of the said Madarsa withdrew CWJC No. 13822 of 2015, which has been brought on record by way of Annexure-9 to the writ application. Now the letter, dated 08.04.2016 is being assailed by the petitioner on the ground that Respondent No.7 is responsible for getting the said letter, dated 07.07.2015 withdrawn.

4. There is apparent dispute on facts between two private persons, which can be adjudicated upon the present proceeding.

5. This application has no merit and it is, accordingly, dismissed.

6. The petitioner shall have the liberty to take recourse to appropriate provisions of law for adjudication of the dispute, including by way of filing civil suit, if so advised. (Chakradhari Sharan Singh, J) ArunKumar/- U