Patna High Court
Md. Qaiser Alam vs The State Of Bihar on 18 December, 2023
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8334 of 2023
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Md. Qaiser Alam Son of Late Md. Jamil Ahmad, Resident of Mohalla-Kaghzi
Mohalla, PS-Biharsharif, District Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Minority Welfare
Department, Government of Bihar, Patna.
2. The Bihar State Sunni Wakf Board through its Chief Executive Officer,
Hajbhawan, 34 Ali Imam Path Patna.
3. The Chairman Bihar State Sunni Wakf Board, Haj Bhawan, 34 Ali Imam
Path Patna.
4. Syed Saifuddin Firdausi Son of not Known, Resident of Mohalla-Khanqah
Biharsharif, PS-Biharsharif, District-Nalanda.
5. Md. Sultan Ansari Son of name not Known Resident of Mohalla-Khanqah
Biharsharif, PS-Biharsharif, District-Nalanda.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Majid Mahboob Khan, Advocate.
For respondent nos. 2&3: Mr. Md. Helal Ahmad, Advocate.
For the State : Mr. Arvind Kumar, AC to GA-9.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 18-12-2023
Heard Mr. Majid Mahboob Khan, learned counsel
appearing on behalf of the petitioner; Mr. Md. Helal Ahmad,
learned counsel for the respondent nos. 2 and 3 and Mr. Arvind
Kumar, learned AC to GA-9 for the State.
2. The petitioner has filed the writ petition for the
following reliefs:
"a. For issuance of a writ in the nature of certiorari for
quashing the resolution No. 1 (supplementary) of Bihar
State Sunni Wakf Board meeting held on 29.1.2022
whereby and where under it was resolved by the board to
remove the learned District Magistrate as president of
Soghra Wakf Estate, Wakf No 2 which is illegal, arbitrary,
malafide and contrary to the para 7 (seven) of the wakfnama
Patna High Court CWJC No.8334 of 2023 dt.18-12-2023
2/3
as well as against the order dated 15.7.2013 passed in
CWJC No 19774/2011 Syed Shah Mojahid Alam Firdausi
Vs the state of Bihar and others analogous cases reported in
2013 (3) PLJR 591 and subsequent resolution dated
15.5.2022
of Soghra Wakf Estate after calling upon by
which Nalanda was not included and in his place respondent
no. 4 was made President of Wakf Estate.
b. For issuance of a writ in the nature of certiorari for
quashing the resolution dated 29.5.22 of Soghra Wakf
Estate whereby and where under the District Magistrate,
Nalanda has been removed from the post of Ex-offico
president of the college which is contrary to the constitution
of the Soghra College, Bihar Sharif, Nalanda.
c. For issuance of a issuance of a writ in the nature of
Certiorari for quashing the resolution dated 29.05.22 of
Wakf Estate by which Sub divisional officer Bihar Sharif,
Nalanda from the post of Ex- offico president of Soghra
High Secondary School which is also contrary to the
constitution of Soghra High Secondary School, Bihar
Sharif, Nalanda both the senior officers of the district and
subdivision has been removed on the instruction of Bihar
State Sunni Wakf Board Patna so that the vacancies in the
college and school can be filed up on extraneous
considerations or to adjust their kith and kin in the aforesaid
institutions.
d. For issuance of a writ in the nature of Mandamus or to
declare and hold that no member of wakf board can be
appointed as Motawalli/president/secretary of any wakf
Estate in Bihar since the board have supervisory jurisdiction
over all the wakf estates and if any member of the state
wakf board is made office bearer of any wakf estate there is
every possibility that Board will not discharge its statutory
power properly against such person who is member of the
state wakf board, it they committee and illegality or
irregularity.
e. For issuance of a writ in the nature of Mandamus directly
the wakf board to produce the original copy of wakf Nama
with schedule of the property as well as copy of the decree
and judgment finally passed by the court of Fort Williom,
Bengal in civil appeal No. 434/1911 on 5 September 1912
for proper adjudication of the case.
f. For issuance of any other writ/writs, command
/commands, direction/ directions, order/orders as your
lordship deem fit and proper in the facts and circumstance
of the case for the end of justice and for the benefits of
poor."
3. Mr. Md. Helal Ahmad, learned counsel
appearing on behalf of the Bihar State Sunni Wakf Board -
Patna High Court CWJC No.8334 of 2023 dt.18-12-2023
respondent nos. 2 and 3 submits that the petitioner has remedy
before the Wakf Tribunal for redressal of his grievance as
prayed for in the present writ petition.
4. Considering the nature of relief as sought for in
the present writ petition, the petitioner has not been able to
make out a case for judicial review. Petitioner may avail the
remedy before the Wakf Tribunal.
5. Accordingly, the writ petition stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
AFR/NAFR N.A.F.R.
CAV DATE N.A.
Uploading Date 20.12.2023
Transmission Date N.A.
