Md. Shahid v. The Bihar State Sunni Waqf Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4265 of 2017 ====================================================== Md. Shahid, Son of Late Musa Mian, Resident of Village- Rampur, Baignabad, P.S. Biharshariff, District- Nalanda. .... .... Petitioner/s

Versus

1. The Bihar State Sunni Waqf Board through its Chairman, Haj Bhawan, Patna.

2. The Chairman, Bihar State Sunni Waqf Board, Haj Bhawan, Patna.

3. The Secretary, Bihar State Sunni Waqf Board, Haj Bhawan, Patna.

4. The Executive Officer, Bihar State Sunni Waqf Board, Haj Bhawan, Patna.

5. The State of Bihar through the Principal Secretary Revenue & Land Reforms, Bihar Patna.

6. District Magistrate, Nalanda.

7. The Present /Nayabsadar Soghra Waqf Estate, No- 232586, Waqf-2, Mohalla Laheri, Bihar Shariff, Nalanda.

8. The Secretary, Soghra Waqf Estate, No.- 232586, Waqf -2, Mohalla Laheri, Bihar Shariff, Nalanda.

9. Md. S.M. Ashraf Motwali Soghra Waqf Estate, No.- 232586, Waqf- 2, Mohalla Laheri, Bihar Shariff, Nalanda.

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

For the Petitioner/s : Mr. Jitendra Kumar Pandey, Adv.

Mr. Sujeet Kumar Gupta, Adv.

Advocate for the Wakf Board : Md. Helal Ahmad, Adv. For the State : Mr. Raj Kishore Roy-GP18 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-06-2017 Heard learned counsels for the petitioner, State, WAKF Board and the Respondent Nos. 6 and 7.

The present application has been filed for a direction to the respondent authorities to restrain the respondent from making any construction over the raiyati land of the petitioner pertaining to Khata No. 298, Plot No.1312, Thana No.110, Tauzi

Patna High Court CWJC No.4265 of 2017 (2) dt.30-06-2017 2/2 No.11215, having area of 26 decimals, situated in the VillageRampur Baignabad, in the District of Nalanda. Further prayer has been made for quashing of the Letter No.80/2014, dated 02/06/2014, issued by Respondent No.8, the Secretary, Soghra Wakf Estate, to the Respondent No.4, the Executive Officer, Bihar State Sunni Wakf Board, declaring the above mentioned land of the petitioner as the land of the Soghra Wakf Estate, Biharsharif. Learned counsel appearing on behalf of Respondent Nos. 2 to 4, the Chairman, Secretary and the Executive Officer, Bihar State Sunni Wakf Board submits that the remedy of the petitioner lies under Section 6 of the WAKF Act. In the circumstances, as prayed for, learned counsel for the petitioner is permitted to withdraw the application to file a representation before the WAKF Tribunal, within a period of four weeks.

Accordingly, the writ application is disposed of. (Dinesh Kumar Singh, J) Ashwini/- U