Abdul Manan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.24061 of 2019 ====================================================== Abdul Manan Son of Nasir Ali Resident of Mohalla- Rahmatganj, P.S.- Masaurhi District- Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar Through Chief Executive Officer, Bihar State Sunni Waqf Board, Haj Bhawan Patna.
2.
The Chairman Sunni Waqf Board, Patna.
3.
The Auditor cum Inspector Bihar State Sunny Waqf Board, Patna. 4.
The President Waqf of Estate No. 774/469 Jama Masjid, Rhmatganj. 5.
The Secretary Waqf of Estate No. 774/469 Masaurhi, Dist.- Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sabal Kumar Jha, Advocate For the Respondent/s :
Mr. Md. Helal Ahmad, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 02-01-2023 Petitioner has prayed for the following relief(s):- "1. That this writ application is being filed for a direction to the respondent concern to restore the shop allotted by the respondent no. 2 of the place of Waqf Estate no. 774/469 Rahmatganj Masaurhi which was locked by the respondent no. 2 without any notice/objection to the petitioner consequently the petitioner is facing hardship and a huge lose was occurred due to
2/4 illegal action of the respondent concern. And/Or pass. such any order/orders writs/ writ, directions/direction for which the petitioner is found to be entitled circumstances of this case." After the matter was heard for some time, learned counsel for the petitioner finding the court not to be in favour of the submissions made across the bar, seeks permission to withdraw the present petition reserving liberty to approach Respondent No. 5, namely, The Secretary Waqf of Estate No. 774/469 Masaurhi, Dist.- Patna for venting out the grievances of the present lis.
Learned counsel for the respondents states that if petitioner approaches and files representation, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of three months from the date of its filing along with a copy of this order.
Statement accepted and taken on record.
As such, petition stands disposed of in the following terms:- (a) Petitioner shall approach the authority concerned i.e. Respondent No. 5, namely, The Secretary Waqf of Estate No. 774/469 Masaurhi, Dist.- Patna by filing a representation
3/4 for redressal of the grievance(s);
(b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of three months from the date of its filing along with a copy of this order;
(c) Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties; (d) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;
(e) We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch; (f) Liberty reserved to the petitioner to approach the Court, if the need so arises subsequently on the same and subsequent cause of action;
(g) We have not expressed any opinion on merits of the matter. All issues are left open;
(h) We expect that the appropriate authority shall
4/4 consider and decide the petitioner's application/request expeditiously and preferably within a period of three months from the date of its presentation.
The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, stands disposed of. (Sanjay Karol, CJ) ( Partha Sarthy, J) Prakash/Sujit AFR/NAFR CAV DATE Uploading Date Transmission Date