Naushad Ahmed v. The Bihar State Sunni Waqf Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14769 of 2017 ======================================================

1. Naushad Ahmed Son of Maulvi Ali Ahmed Present Working as Chief Executive Officer, Bihar State Sunni Waqf Board, Haj Bhawan, Ali Imam Path, Harding Road, District-Patna .... .... Petitioner/s

Versus

1. The Bihar State Sunni Waqf Board, Patna through the Chief Executive Officer, Haj Bhawan, 34-Ali Imam Path, Harding Road, District-Patna.

2. The Chairman, Bihar State Sunni Wakf Board, Bihar, Patna.Haj Bhawan, 34-Ali Imam Path, Harding Road, District-Patna.

3. Sogra Waqf Estate No.-2, through its Mutawalli S.M. Sharaf, aged about 60 years, Son of Late Abu Nasar, having its Office at Mohalla-Laheri, P.S.- Laheri, P.O.-Biharsharif, District-Nalanda at Biharsharif.

4. S.M. Sharaf Son of Late Abu Nasar, having its Office at Mohalla-Laheri, P.S.-Laheri, P.O.-Biharsharif, District-Nalanda at Biharsharif.

5. The State of Bihar through Principal Secretary, Department of Minority Welfare, Bihar, Patna.

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

For the Petitioner/s : Mr. Md. Shahab Khalil For the Respondent/s : Mr. Md. Helal Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-05-2018 Mr. Shahab Khalil, learned counsel for the petitioner submits that due to inadvertence a writ petition under Article 226 of the Constitution of India has been filed before this Court against the order passed by the Waqf Tribunal. He submitted that the writ petition may be disposed of with liberty to the petitioner to avail the statutory remedy of revision in terms of proviso to sub-section

(9) of Section 83 of the Waqf Act, 1995.

The prayer is allowed. The application is disposed of with the liberty aforesaid.

(Ashwani Kumar Singh, J) Pradeep/- U