Patna High Court
Noor Ahmad vs The Bihar State Sunni Waqf Board on 6 July, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3130 of 2019
In
CIVIL REVIEW No.350 of 2018
======================================================
1. Noor Ahmad S/o Late Gholam Moinuddin, R/o. Pali Road, Tirpal Company,
P.O. and P.S.- Dehri-On- Sone, District- Rohtas.
2. Md. Ziauddin S/o Late Gholam Moinuddin, R/o Pali Road, Tirpal Company,
P.O. and P.S.-Dehri-on-Sone, District-Rohtas.
... ... Petitioner/s
Versus
1. The Bihar State Sunni Waqf Board 34,Ali Imam Path (Hardinge Road), Haj
Bhawan, Patna, through the Chairman.
2. The Chairman, Bihar State Sunni Waqf Board, 34, Ali Imam Path (Hardinge
Road), Haj Bhawan, Patna.
3. The Executive Officer, Bihar State Sunni Waqf Board, 34, Ali Imam Path
(Hardinge Road), Haj Bhawan, Patna.
4. The District Magistrate, Rohtas
5. The S.D.O. Sadar, Rohtas
6. Janab Umar Farooque S/o Late Gholam Moinuddin, R/o Pali Road, Tirpal
Company, P.O. and P.S.-Dehri-on-Sone, District-Rohtas.
7. Janab Shahnawaz Late Gholam Moinuddin, R/o Pali Road, Tirpal Company,
P. O. and P.S.-Dehri-on-Sone, District-Rohtas.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Archana Jha, Advocate
For the Opposite Party-State: Mr. Sunil Kumar Mandal, SC-3
Mr. Bipin Kumar, AC to SC-3
For opposite party : Mr. Helal Ahmad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date : 06-07-2022
This application has been filed for restoration of
Civil Review No.350 of 2018 (arising out of CWJC No.7424 of
2017), which was dismissed for want of prosecution on
24.07.2019.
2. The petitioners had filed CWJC No.7424 of
Patna High Court MJC No.3130 of 2019 dt.06-07-2022
2017 seeking following reliefs :-
"(I) For quashing of order contained in
memo no.857 dated 03.04.2017 issued by the
Chief Executive Officer, Bihar State Sunni
Wakf Board (hereinafter referred to as the
Board) while communicating the decision of the
Board contained in Supplementary Resolution
no.08 dated 16.03.2017 appointing Janab Umar
Farooque S/o. Late Ghulam Moinuddin Sb. as
Mutawalli and Janab Shahnawaz Sb. S/o. Late
Ghulam Moinuddin Sb. as Joint Mutawalli of S.
K. Noor Mohammad Wafk Estate No.1547,
Dehri-on-Sone, District-Rohtas, has asked the
petitioners who are Joint Mutawallis (vide letter
dated 08.07.1999 and memo no.1277 dated
24.07.1999) to hand over charge to Janab Umar
Farooque Mutawalli and Janab Shanawaz Sb.
Joint Mutawalli without being removed from
their plots by any Resolution of the Board.
(II) For holding and declaring the order
of Chief Executive Officer, Bihar State Sunni
Wakf Board contained in memo no.857 dated
Patna High Court MJC No.3130 of 2019 dt.06-07-2022
03.04.2017 asking the petitioners to hand over
of charge by the petitioners to be wholly
without jurisdiction and contrary to the
provisions of the Wakf Act, 1995.
(III) For also quashing of
Supplementary Resolution no.08 dated
16.03.2017 by which Bihar State Sunni Wakf
Board has appointed Janab Umar Farooque S/o.
Ghulam Moinuddin Sb. as Mutawalli and Janab
Shahnawaz Sb. S/o Late Ghulam Moinuddin
Sb. as Joint Mutawalli of S. K. Noor
Mohammad Wakf Estate No.1545, Dehri-on-
Sone, District-Rohtas.
(IV) Further for direction to the
Respondent-Bihar State Sunni Wakf Board not
to interfere in the smooth working of the
petitioners as Joint Mutawalli of S.K. Noor
Mohammad Waqf Estate No.1545, Dehri-on-
Sone, District- Rohtas.
(V) For any other appropriate
relief/reliefs to which the petitioner is found
entitled in the facts and circumstances of this
Patna High Court MJC No.3130 of 2019 dt.06-07-2022
case."
3. It would be evident from the order dated
16.11.2017 passed in CWJC No.7424 of 2017 that after some
arguments, counsel for the petitioners sought leave to withdraw
the application which was permitted by the Court and the
application was dismissed as withdrawn. The petitioners had
filed Civil Review No.350 of 2018 for review of the aforesaid
order dated 16.11.2017 passed in CWJC No.7424 of 2017.
Apparently, the civil review application against an order by
which the Court simply permitted the petitioners to withdraw
their application was misconceived.
4. In that view of the matter, I am not inclined
to allow the prayer of the petitioners to restore Civil Review
No.350 of 2018 to its original file.
5. Accordingly, the application is dismissed.
(Ashwani Kumar Singh, J)
kanchan/-
AFR/NAFR NA
CAV DATE NA
Uploading Date 07.07.2022
Transmission Date NA
