Md. Shahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17385 of 2021 ====================================================== Md. Shahid son of Md. Shami, resident of Mohalla- Nawadih, Near Masjid, Police Station- Aurangabad (Town), District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through The Principal Secretary, Minority Welfare Department, Government of Bihar, Patna.

2.

The Chairman, Bihar State Sunni Waqf Board, 34, Ali Imam Path (Harding Road), Haj Bhawan, Patna.

3.

The Chief Executive Officer, Bihar State Sunni Waqf Board, 34, Ali Imam Path (Harding Road), Haj Bhawan, Patna.

4.

District Magistrate, Aurangabad, Bihar.

5.

Sub- Divisional Officer, Aurangabad, Bihar.

6.

The Chief Executive Officer, Nagar Parishad, Aurangabad. 7.

The District Minority Welfare Officer, Aurangabad. 8.

Arif Hussain Ishrat son of Late Ashique Hussain Resident of MohallaPathan Toli, P.S. and District- Aurangabad. 9.

Abdus Sattar Azad son of Late Jan Mohammad Ajwer Nagar, P.S. Aurangabad (T), District- Aurangabad.

10.

Master Mozaffar Khan son of Late Nezamuddin Khan resident of MohallaPathan Toli, P.S. Aurangabad (T), District- Aurangabad. 11.

Ejaz Warsi son of Late Haji Nezamuddin Warsi resident of Mohalla- Pathan Toli, P.S. Aurangabad (T), District- Aurangabad. 12.

Haji Jasimuddin Quraishi son of Late Md. Karim Quarishi resident of Quraishi Mohalla, P.S. Aurangabad (T), District- Aurangabad. 13.

Md. Jamil Ahmad son of Late Md. Shafique resident of Mohalla- Jhanda Masjid, P.S. Aurangabad (T), District- Aurangabad. 14.

Md. Alam Ansari son of Isa Ansari resident of Tekari, Mohalla, P.S. Aurangabad (T), District- Aurangabad.

15.

Syed Athar Imam son of Mazhar Imam resident of Mohalla- Ali Nagar, P.S. Aurangabad (T), District- Aurangabad.

16.

Tarique Aziz son of Late Idris resident of Mohalla- Biratpur, P.S. Aurangabad (T), District- Aurangabad.

17.

Seraj Khalifa son of Bismil Khalifa resident of Mohalla- Shahganj, P.S.

2/7 Aurangabad (T), District- Aurangabad.

18.

Khizir Heyat Khan son of Late Abu Nasar Khan resident of Mohalla- Islam Toli, P.S. Aurangabad (T), District- Aurangabad. 19.

Vigilance Investigation Bureau, through the Director, Central Vigilance, Bihar, Patna.

20.

Syed Shams Warsi son of Late Haji Nezamuddin Warsi resident of MohallaPathan Toli, P.S. Aurangabad (T), District- Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anshul, Adv Mr.Najeeb Ahmad, Adv For the Respondent/s :

Mr.Ajit Kumar (GA9) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 04-10-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

3/7

4/7 Mr. Anshul learned counsel for the petitioner invites our attention to the averments made in para 19 of the writ petition, which reads as follows:-

5/7 Before us, it is not in dispute, that the petitioner does have an equally efficacious alternative remedy under the provisions of the Waqf Act, 1995.

We are of the considered view that in the interest of

6/7 justice, it would be best, if the petitioner were to approach the appropriate authority for taking recourse to the remedy available under the said Act. The questions of fact involved in the present petition are contentious and disputed and cannot be adjudicated herein at this stage.

Mr. Anshul expresses his apprehension of the Authority not deciding the matter expeditiously, more so, the respondents not co-operating before the Tribunal in expeditious disposal of the proceedings.

The Respondents unanimously state such apprehension to be unfounded and undertake to fully co-operate. Statement is accepted and taken on record.

Ordered accordingly.

Our attention is also invited to the order dated 16.01.2019 passed in CWJC No. 17650 of 2017 titled as Athar Hussain Vs the State of Bihar & Ors and earlier order dated 20.07.2021 passed in CWJC No. 9885 of 2020 titled as Md. Shahid Vs. the State of Bihar & Ors.

Under these circumstances, we request the Authority/Tribunal constituted under the Act to take up the proceedings expeditiously and, if so required, on day to day basis and decide the same at the earliest.

7/7 The parties shall fully co-operate and would not take any unnecessary adjournment. All questions of fact and law are left open.

Subject to the aforesaid observation and direction, this application is disposed of.

Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) (S. Kumar, J) ranjan/amrendraAFR/NAFR NAFR CAV DATE NA Uploading Date 05.10.2021 Transmission Date NA