Patna High Court
Md. Shahid vs The State Of Bihar on 4 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17385 of 2021
======================================================
Md. Shahid son of Md. Shami, resident of Mohalla- Nawadih, Near Masjid,
Police Station- Aurangabad (Town), District- Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through The Principal Secretary, Minority Welfare
Department, Government of Bihar, Patna.
2. The Chairman, Bihar State Sunni Waqf Board, 34, Ali Imam Path (Harding
Road), Haj Bhawan, Patna.
3. The Chief Executive Officer, Bihar State Sunni Waqf Board, 34, Ali Imam
Path (Harding Road), Haj Bhawan, Patna.
4. District Magistrate, Aurangabad, Bihar.
5. Sub- Divisional Officer, Aurangabad, Bihar.
6. The Chief Executive Officer, Nagar Parishad, Aurangabad.
7. The District Minority Welfare Officer, Aurangabad.
8. Arif Hussain Ishrat son of Late Ashique Hussain Resident of Mohalla-
Pathan Toli, P.S. and District- Aurangabad.
9. Abdus Sattar Azad son of Late Jan Mohammad Ajwer Nagar, P.S.
Aurangabad (T), District- Aurangabad.
10. Master Mozaffar Khan son of Late Nezamuddin Khan resident of Mohalla-
Pathan Toli, P.S. Aurangabad (T), District- Aurangabad.
11. Ejaz Warsi son of Late Haji Nezamuddin Warsi resident of Mohalla- Pathan
Toli, P.S. Aurangabad (T), District- Aurangabad.
12. Haji Jasimuddin Quraishi son of Late Md. Karim Quarishi resident of
Quraishi Mohalla, P.S. Aurangabad (T), District- Aurangabad.
13. Md. Jamil Ahmad son of Late Md. Shafique resident of Mohalla- Jhanda
Masjid, P.S. Aurangabad (T), District- Aurangabad.
14. Md. Alam Ansari son of Isa Ansari resident of Tekari, Mohalla, P.S.
Aurangabad (T), District- Aurangabad.
15. Syed Athar Imam son of Mazhar Imam resident of Mohalla- Ali Nagar, P.S.
Aurangabad (T), District- Aurangabad.
16. Tarique Aziz son of Late Idris resident of Mohalla- Biratpur, P.S.
Aurangabad (T), District- Aurangabad.
17. Seraj Khalifa son of Bismil Khalifa resident of Mohalla- Shahganj, P.S.
Patna High Court CWJC No.17385 of 2021 dt.04-10-2021
Aurangabad (T), District- Aurangabad.
18. Khizir Heyat Khan son of Late Abu Nasar Khan resident of Mohalla- Islam
Toli, P.S. Aurangabad (T), District- Aurangabad.
19. Vigilance Investigation Bureau, through the Director, Central Vigilance,
Bihar, Patna.
20. Syed Shams Warsi son of Late Haji Nezamuddin Warsi resident of Mohalla-
Pathan Toli, P.S. Aurangabad (T), District- Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anshul, Adv
Mr.Najeeb Ahmad, Adv
For the Respondent/s : Mr.Ajit Kumar (GA9)
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 04-10-2021
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
Patna High Court CWJC No.17385 of 2021 dt.04-10-2021
Patna High Court CWJC No.17385 of 2021 dt.04-10-2021
Mr. Anshul learned counsel for the petitioner invites
our attention to the averments made in para 19 of the writ
petition, which reads as follows:-
Patna High Court CWJC No.17385 of 2021 dt.04-10-2021
Before us, it is not in dispute, that the petitioner does
have an equally efficacious alternative remedy under the
provisions of the Waqf Act, 1995.
We are of the considered view that in the interest of
Patna High Court CWJC No.17385 of 2021 dt.04-10-2021
justice, it would be best, if the petitioner were to approach the
appropriate authority for taking recourse to the remedy
available under the said Act. The questions of fact involved in
the present petition are contentious and disputed and cannot be
adjudicated herein at this stage.
Mr. Anshul expresses his apprehension of the Authority
not deciding the matter expeditiously, more so, the respondents
not co-operating before the Tribunal in expeditious disposal of
the proceedings.
The Respondents unanimously state such apprehension
to be unfounded and undertake to fully co-operate. Statement is
accepted and taken on record.
Ordered accordingly.
Our attention is also invited to the order dated
16.01.2019 passed in CWJC No. 17650 of 2017 titled as Athar
Hussain Vs the State of Bihar & Ors and earlier order dated
20.07.2021 passed in CWJC No. 9885 of 2020 titled as Md.
Shahid Vs. the State of Bihar & Ors.
Under these circumstances, we request the
Authority/Tribunal constituted under the Act to take up the
proceedings expeditiously and, if so required, on day to day
basis and decide the same at the earliest.
Patna High Court CWJC No.17385 of 2021 dt.04-10-2021
The parties shall fully co-operate and would not take
any unnecessary adjournment. All questions of fact and law are
left open.
Subject to the aforesaid observation and direction, this
application is disposed of.
Interlocutory Application(s), if any, stands disposed of.
(Sanjay Karol, CJ)
(S. Kumar, J)
ranjan/amrendra-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 05.10.2021
Transmission Date NA
