Md.Shamsul Hoda v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3569 of 2011 ====================================================== Md.Shamsul Hoda, S/O Late Md. Rasool, Resident Of Mohalla- Purana Quila, P.S- Siwan Town District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary Bihar State Sunni Wakf Board Patna New Secretariat, Patna.

2. The Presiding Officer, Wakf Tribunal Patna.

3. The Bihar State Sunni Wakf Board Patna 2nd Floor Haj Bhawan 34 Ali Imam Path, Harding Road, Patna-1

4. The Chairman the Bihar State Sunni Wakf Board Patna 2nd Floor Haj Bhawan 34 Ali Imam Path Harding Road Patna-1

5. The Chief Executive Officer the Bihar State Sunni Wakf Board Patna 2nd Floor Haj Bhawan 34 Ali Imam Path Harding Road, Patna-1

6. Shahzad Ahmad Gani S/O Late M.N. Ahmand Gani Resident Of Mohalla- Purana Quila, P.S- Siwan Town District- Siwan.

7. Haji Md.Wasil Khan S/O Late Gulam Rasool Resident Of MohallaPurana Quila, P.S- Siwan Town District- Siwan.

8. Haji Iqbal Azam S/O Late Abdul Halim Resident Of Mohalla- Purana Quila, P.S- Siwan Town District- Siwan.

9. Md.Nayemul Islam S/O Late Izhar. Resident Of Mohalla- Purana Quila, P.S- Siwan Town District- Siwan.

10. Md. Saud S/O Late Makhdoom Hasan Resident Of Mohalla- Purana Quila, P.S- Siwan Town District- Siwan.

11. Haji Md.Zubair S/O Late Haroon Rashid Resident Of Mohalla- Purana Quila, P.S- Siwan Town District- Siwan.

12. Haji Md.Samiullah S/O Late Habibullah Resident Of Mohalla- Purana Quila, P.S- Siwan Town District- Siwan.

13. Md. Khalid Ansari S/O Late Md.Muslim Ansari Resident Of MohallaPurana Quila, P.S- Siwan Town District- Siwan.

14. Haji Md. Azam S/O Md. Aslam Resident Of Mohalla- Purana Quila, P.S- Siwan Town District- Siwan.

15. Abdul Majeed S/O Late A.R. Razzaque Resident Of Mohalla- Purana Quila, P.S- Siwan Town District- Siwan.

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

For the Petitioner/s : Miss. Sushmita Mishra For the Respondent no.6 : Mr. Md.Khurshid Alam Mr.NasimMukhtar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 04-05-2015 Heard learned counsel appearing on behalf of the petitioner as also learned counsel appearing on behalf of the

Patna High Court CWJC No.3569 of 2011 (5) dt.04-05-2015 respondent no.6.

The petitioner is aggrieved by the order dated 03.01.2011 (Annexure-1) passed in Wakf Appeal No.06 of 2010 by the learned Presiding Officer of the Bihar Wakf Tribunal, Patna, whereby the aforesaid appeal filed on behalf of the respondent no.6 was allowed and the Managing Committee constituted on 20.05.2008 for management of Wakf Estate No.521, Purani Quila Mosque, Purani Quila, Siwan has been quashed.

Though, learned counsel appearing on behalf of the petitioner as also learned counsel appearing on behalf of the respondent no.6 have argued the matter at quite length, but finally both of them conceded that the aforesaid Managing Committee was constituted only for a period of three years and the period of three years has already expired.

In above view of the matter, this Court is of the opinion that the present matter has become infructuous and does not require further consideration. However, if the petitioner has any other grievance/claim with respect to the aforesaid Wakf Estate No.521, Purani Quila Mosque, Purani Quila, Siwan, then he shall be at liberty to approach the appropriate forum/court/Tribunal for redressal of his such valid grievance(s), after impleading all the necessary parties, which shall be considered and decided in accordance with law.

The writ petition stands finally disposed of as infructuous, but with the observations and directions made above. Arvind/- (Birendra Prasad Verma, J) U