Patna High CourtCWJC/12979/2015disposed

Anup Kumar Gupta And ANR v. The Bihar State Sunni Wakf Board And ORS

2018-05-02Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12979 of 2015 ======================================================

1. Anup Kumar Gupta son of Late Sonu Lal, Shop No. 17 (in the name and styled as Sonu Lal & Sons), Plaza Market, G.B. Road, Police Station- Civil Lines, District- Gaya, resident of 3, Makhlautganj, Police Station- Kotwali, District- Gaya.

2. Md. Mansoor Alam son of Late Md. Siddique Ansari, Shop No. 15 (in the name and styled as M.S. Electronics), Plaza Market, G.B. Road, Police Station- Civil Lines, District- Gaya, resident of Mohalla- Old Karimganj, Gali No.9, Police Station- Civil Line, District- Gaya .... .... Petitioner/s

Versus

1. The Bihar State Sunni Wakf Board through its Chief Executive Officer, Haj Bhawan, 34, Alim Imam Path, Patna.

2. The Chief Executive Officer, Bihar State Sunni Wakf Board, Haj Bhawan, 34, Alim Imam Path, Patna.

3. Md. Arif Khan @ Khurram Khan son of Late Abdul Jabbar Khan, Mutawalli, Irshad Ali Khan wakf Estate No. 99, Gaya, resident of village Karma, Police Station- Barachatti, District- Gaya.

4. Ozair Ahmad Khan son of Akhyar Hussain Khan, resident of villagePaili, Post Office Bhadeya, P.S.- Barachatti, District- Gaya, Presently residing at Mohalla- Aliganj, P.S.- Chandauti, District- Gaya. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Respondent/s : Mr. Rashid Izhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-05-2018 It is submitted by the learned counsel for the petitioners that the petitioner has already filed a petition for injunction under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure before the Tribunal against the action of respondent no.4, who is illegally disturbing with the physical possession of the petitioner and damaging the property of the waqf Estate. He submitted that the writ petition was filed in view of the fact that at

Patna High Court CWJC No.12979 of 2015 (2) dt.02-05-2018 2/2 the relevant time the Waqf Tribunal was not functional. Since the Waqf Tribunal is now functional, he seeks leave to withdraw the present writ petition.

In view of the submission made above, the writ petition is disposed of as withdrawn.

(Ashwani Kumar Singh, J) Pradeep/- U