Shakeb Ahmad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9456 of 2013 ======================================================
1. Shakeb Ahmad Son Of Syed Wasi Ahmad Resident Of Village- Takia Kalan, Islampur, P.O. & P.S.- Islampur District- Nalanda .... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Secretary Department Of Minority Affairs Govt. Of Bihar Patna
3. The District Magistrate Nalanda
4. The Chairman Bihar State Sunni Wakf Board, 34 Haj Bhawan, Ali Imam Path (Harding Road), Patna- 1
5. The Bihar State Sunni Wakf Board Through Its Secretary 34 Haj Bhawan, Ali Imam Path (Harding Road) Patna- 1
6. Inspector Of The Board (Enquiry Officer) 34, Haj Bhawan, Ali Imam Path (Harding Road) Patna- 1
7. Hasan Imam Son Of Late Ali Imam Shah Resident Of Village- Takia Kalan, Dastiarganj, Rajgeer Road P.S.- Islampur District- Nalanda .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Anis Akhtar, Adv. For the Respondent/s : Mr. Helal Ahmad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-05-2018 In the instant writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for quashing the order dated 07.03.2013 passed by the Bihar Waqf Tribunal, Patna in Waqf Appeal No. 17 of 2011 whereby the Tribunal has dismissed the appeal filed by the petitioner. Learned counsel for the petitioner submitted that the impugned order passed by the Tribunal is illegal and unsustainable in the eye of law.
Mr. Helal Ahmad, learned counsel appearing for the
Patna High Court CWJC No.9456 of 2013 (3) dt.02-05-2018 2/3 Bihar State Sunni Waqf Board raised a preliminary objection with regard to maintainability of the writ petition under Article 226 of the Constitution of India before this Court against the order of the Tribunal. In this regard, he has placed reliance on a decision of this Court in Md. Wasiur Rahman & Anr. Vs. The State of Bihar & Ors. (CWJC No. 14622 of 2017) disposed of on 25.04.2018. In the case of Md. Wasiur Rahman (Supra), this Court taking into consideration various provisions of the Waqf Act, 1995 in detail as also the ratio laid down by the Supreme Court in Sadhana Lodh Vs. National Insurance Co. Ltd. [(2003) 3 SCC 524], and the decisions of the High Court of Shimla in Mumtaz Ahmed and ors. Vs. State of H.P. and ors.
2017(1) ShimLC 338], the High Court of Gujarat in Zubedaben Mohammedmiya and Ors. Vs. Gujarat State Waqf Board and ors. decided on 16.12.2015 in Special Civil Application No. 18852 of 2014, the High Court of Andhra Pradesh in Md. Abdul Kareem and Anr. Vs. Andhra Pradesh State Waqf Board and Ors. [2004(3) ALT 254] and the High Court of Karnataka vide judgment dated 26.08.2017 in Syed Asadulla Hussaini Vs.
Patna High Court CWJC No.9456 of 2013 (3) dt.02-05-2018 3/3 invoke revisional jurisdiction of the High Court and a writ petition under Article 226 or a petition under Article 227 of the Constitution of India would not be maintainable. In view of the aforesaid judgment of this Court in Md. Wasiur Rahman & Anr. (Supra), learned counsel for the petitioner seeks leave to withdraw the present writ petition in order to challenge the order dated 07.03.2013 passed by the Tribunal in Waqf Appeal No. 17 of 2011 by invoking the proviso to sub-section (9) of Section 83 of the Waqf Act, 1995. Leave is granted. The application is disposed of. (Ashwani Kumar Singh, J) Pradeep/- U