Patna High Court
Syed Mukarram Ali vs The Bihar State Shia Waqf Board, Bihar, ... on 17 March, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.190 of 2022
In
Civil Writ Jurisdiction Case No.283 of 2021
======================================================
Syed Mukarram Ali, son of Late Syed Irteza Hussain, resident of 132, Diwan
Mohalla, Dulli Ghat, P.S.- Khajekalan, District- Patna.
... ... Appellant
Versus
1. The Bihar State Shia Waqf Board, Bihar, Patna through the Chief Executive
Officer, Haj Bhawan, 34- Ali Imam Path, Harding Road, District- Patna.
2. The Chairman, Bihar State Shia Waqf Board, Bihar, Patna, Haj Bhawan, 34-
Ali Imam Path, Harding Road, District- Patna.
3. The Chief Executive Officer, Bihar State Shia Waqf Board, Haj Bhawan, 34-
Ali Imam Path, Harding Road, District- Patna.
... ... Respondents
======================================================
Appearance :
For the Appellant/s : Mr. Rashid Izhar, Advocate
For the Respondent/s : Mr. Md. Anjum Akhter, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 17-03-2025
Ref: I.A. No. 01 of 2022
Heard I.A. No. 01 of 2022 for condonation of
delay. There is a delay of about 87 days in filing L.P.A. No. 190
of 2022. For the reasons stated in the application read with the
affidavit, delay of about 87 days in filing L.P.A. No. 190 of
2022 stands condoned.
2. Accordingly, I.A. No.01 of 2022 stands allowed.
3. With the consent of the learned counsel for the
Patna High Court L.P.A No.190 of 2022 dt.17-03-2025
2/4
respective parties, L.P.A. is taken up for final disposal. On
certain alleged allegation levelled against the Appellant Show-
Cause Notice was issued followed by removal from service was
passed on 06.08.2020. Removal order reads as under:
No.15/Patna - 23 W.B. Dated 6/8/2020
Notification
As per Board's Resolution No-10 dated 17.06.2020
Mr.Syed Mokarram Ali, Mutawalli of Bibi Fatma & others Waqf
Estate, (Board's Registration No.15/Patna) has been removed
from Mutawalliship of the said Waqf Estate U/S 64(a)(g) of the
Waqf Act, 1995 and Mr. S.Fashim Asghar Rizvi, Assistant of the
Board is appointed as Manager of the said Waqf Estate with
immediate effect.
Sd/-
Chief Executive Officer
Memo No.15/Pat - 1238 W.B. Dated 6/8/2020
Copy Forwarded to:
• Mr.S.Fahim Asghar Rizvi, Assistant, Shia Waqf
Board, Patna for compliance. He is directed to take
complete charge of the Waqf Estate from Mr. Syed
Mokarram Ali, Ex-Mutawalli, Bibi Fatma & Others
Waqf Estate, (Board's Registration No. 15/Patna)
Doolighat, Patna-800008
• Mr.Syed Mokarram Ali Ex-Mutawalli, Bibi
Fatma & Others Waqf Estate 15/Patna is asked to
hand over all documents/Papers, accounts, cash in
hand, cash at Bank etc to Mr. S.Fahim Asghar
Rizvi, Manager, Bibi Fatma Waqf Estate, Patna
immediately.
Chief Executive Officer,
BIHAR STATE SHIA WAKF BOARD
PATNA.
Patna High Court L.P.A No.190 of 2022 dt.17-03-2025
3/4
4. Perusal of the removal order, it is evident that it
is unreasoned/non-speaking and not even iota of reference to
Show-Cause Notice read with the Appellant's explanation.
These materials have not been taken note of by the learned
Single Judge, resultantly, Appellant has presented this appeal in
assailing the removal order and consequential order of the
learned Single Judge.
5. Having regard to the violation of principle of
natural justice to the extent that removal order does not speak
issuance of Show-Cause Notice and Appellant's reply and how
Appellant's reply has been considered before passing removal
order dated 06.08.2020. Therefore, removal order is un-reasoned
and non-speaking order. Accordingly, Notification dated
06.08.2020
vide Annexure-5 to the C.W.J.C. No. 283 of 2021
and order of the learned Single Judge dated 24.12.2021 passed
in C.W.J.C. No. 283 of 2021 are set aside. The matter is
remanded to the Chief Executive Officer, Bihar State Shia Waqf
Board, Patna to proceed afresh from the defective stage after
providing ample opportunity of hearing to the Appellant. The
above exercise shall be completed within a period of 06 months
from the receipt of this order.
Patna High Court L.P.A No.190 of 2022 dt.17-03-2025
6. With the above observation and direction, L.P.A.
No. 190 of 2022 stands allowed in part.
(P. B. Bajanthri, J)
( Alok Kumar Sinha, J)
manish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 20.03.2025
Transmission Date N.A
