Manjri Begum v. The State Of Bihar Through The Chief Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1432 of 2021 ====================================================== Manjri Begum Widow of Late Islam Uddin @ Md. Islam, Resident of Village-Balia Mani, P.O.-Mirpur, P.S.-Rauta, District-Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Chairman, Bihar State Madarsa Education Board, Patna. 3.

The Secretary, Bihar State Madarsa Education Board, Patna. 4.

The District Education Officer, Purnea.

5.

Md. Farooque, Son of Jainuddin, Resident of Village Balia Nani (Kamaldho), P.O.-Mirpur, P.S.-Routa, District-Purnea. 6.

Maulvi Kaisar, Son of Late Jamaluddin, Resident of Village-Mohra, P.O.- Kochadham, P.S.-Sonetha, District-Purnea.

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

For the Petitioner/s :

Mr.Munni Kumar Moon For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 21-06-2022 The petitioner by way of this writ petition has prayed as under:-

1. For issuance of writ in the nature of mandamus for commanding and directing the respondents to look into the matter, and enquire the same about Madrasatul Binat Darul Uloom Trust, running since 1983 or before in which Late husband of the petitioner was Secretary and after his death petitioner is made Secretary and such Madarsa No.1202 was situated in the lands of the petitioner. (ii) For issuance of writ further in the nature of mandamus commanding and directing the

Patna High Court CWJC No.1432 of 2021(2) dt.21-06-2022 2/3 respondents to restrain private parties/respondent no.5 and 6 to run such Madarsa on fake/forged prepared papers in another panchayat/village. (iii) For holding and declaration that petitioner deserves to make Secretary of Madarsa No.1202 and running for the same on the lands already executed in favour of Madarsa by the husband of the petitioner and this petitioner.

Learned counsel for the petitioner submits that the petitioner sent a letter to the District Magistrate, Purnea for enquiring into the matter and it is submitted that the enquiry is being conducted. However, learned counsel submits that the other Madarsa which is running in the name of the petitioner's Madarsa has not been discontinued.

I have considered the submissions.

This court finds that the other schools have also been running since 2013 and so far as the present school for which the petitioner is claiming is concerned, the same has discontinued after the death of husband of the petitioner. It is also noticed that there is no criminal case registered by the petitioner with regard to the alleged usage of the name of the school of the petitioner's husband. In writ jurisdiction, official inquiry cannot be conducted. The issues raised by the petitioner are purely factual in nature and bundle of disputed questions of

Patna High Court CWJC No.1432 of 2021(2) dt.21-06-2022 3/3 fact for which remedy lies elsewhere and not before this court. The writ petition is wholly misconceived and is accordingly dismissed.

(Sanjeev Prakash Sharma, J) amit/- Item no.-37 U