Hazi Abul Hassan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 2266 of 2016 =========================================================== Hazi Abul Hassan, S/o Late Nisarul Haque, resident of Village- Kamalpur, P.OSanskrit Nirmali, P.S. Balua Bazar, District- Supaul, presently the Secretary of the Madarsa Islamia Moniruloom Kamalpur, P.O- Sanskrit Nirmali, P.S. Balua Bazar, District- Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Secretary, Bihar Madarsa Education Board, Bihar at Patna.

3. The District Magistrate, District- Supaul.

4. The District Programme Officer, District- Supaul.

5. The District Education Officer, District- Supaul.

6. The S.H.O, Balua Bazar Police Station, District- Supaul.

7. Md. Habib S/o Dil Mohammad, The Secretary of Madarsa Islamia Moniruloom Kamalpur, P.O- Sanskrit Nirmali, P.S. Balua Bazar, District- Supaul.

8. Md. Mahboob S/o late Hazi Maufiz, the Head Maulvi of Madarsa Islamia Moniruloom Kamalpur, P.O- Sanskrit Nirmali, P.S. Balua Bazar, District- Supaul.

9. Md. Ziyaullah S/o Hazi Minatullah.

10. Hafiz Israfil S/o Hazi Kalim

11. Md. Sahmat S/o Wali Ahmad

12. Maulvi Abdul Mazid S/o Late Yasin

13. Md. Afazal S/o Late Hazi Attabul All residents of Village- Kamalpur, P.OSanskrit Nirmali, P.S. Balua Bazar, District- Supaul. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Giri For the Respondent/s : Mr. Durgesh Nandan, A.A.G.-14 For the Madarsa Board:

Mr. Md. Rashid Alam =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 19-08-2016 Heard learned counsel for the parties.

Petitioner has filed the writ application for a direction upon the State-authorities to treat him as a

Patna High Court CWJC No.2266 of 2016 dt.19-08-2016 2/3 sitting Secretary of the Managing Committee of Madarsa Islamia Moniruloom, which is Madarsa No. 2156, situated at village - Kamalpur, P.O. - Sanskrit Nirmali, District - Supaul. According to the petitioner, Respondent No. 7 is the usurper of the office.

The Court has gone through the writ application and it does not find any material to show that the people of the area at any point of time had elected the petitioner as a Secretary of the managing committee. Counsel for the petitioner submits that he had donated land for the Madarsa. Even in support thereof, he has annexed Annexure-1. Donation of land for setting up of Madarsa is one issue. The election of a person, as, either Chairman or Secretary or Member of the managing committee is altogether a different ball game. In absence of any material or resolution, having been brought on record, coupled with the finding, emerging with regard to the private-respondent in Annexure-A of the counter affidavit of the Madarsa Board, the relief or declaration, which the petitioner is looking for, cannot be granted or extended to.

There is no material, therefore, to allow the writ application of the petitioner by giving any direction in his favour.

Patna High Court CWJC No.2266 of 2016 dt.19-08-2016 3/3 Writ application is dismissed, accordingly.

(Ajay Kumar Tripathi, J) SKM/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 19.08.2016 Transmission Date