Patna High Court - Orders
Smt. Raj Lakshmi Kuer vs The Cheif Executive Officer on 3 April, 2023
Author: Khatim Reza
Bench: Khatim Reza
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL REVISION No.39 of 2019
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Smt. Raj Lakshmi Kuer
... ... Petitioner/s
Versus
The Cheif Executive Officer
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Syed Firoz Raza, Advocate
For the Opposite Party/s : Mr. Md. Helal Ahmad, Advocate
For the Intervenor : Mr. Rashid Izhar, Advocate
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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
7 03-04-2023Re:- I.A. No. 02 of 2022 This Interlocutory Application has been filed by the intervenor for adding him as party to the Civil Revision Application as opposite party.
Learned counsel for the intervenor submits that the intervenor is duly appointed Muttawalli of Kumar Rani Sayeeda Khatoon, Waqf Estate No. 360. Learned counsel for the intervenor further submits that Muttawalli is a necessary party to the aforesaid proceeding. The learned counsel for the intervenor further submits that an encroachment proceeding under Section 54 of the Waqf Act was initiated on the application of Muttawalli-intervenor before the Bihar State Sunni Waqf Board for removal of encroachment from the Waqf Property prescribed under Section 54 of the Waqf Act, 1995 and Patna High Court C.R. No.39 of 2019(7) dt.03-04-2023 2/3 ultimately present petitioners were declared as encroacher of the Waqf Estate No. 360 by the Bihar Waqf Tribunal, Patna and against the impugned order, this Civil Revision Application has been filed by the petitioner.
In the aforesaid facts and circumstances, intervenor (Muttawalli) is a necessary party to the present proceeding.
Neither the learned counsel for the Bihar State Sunni Waqf Board nor the learned counsel for the petitioner raised any objection against the intervenor (Muttawalli) for his impleadment.
In the aforesaid facts and circumstances, the I.A. No. 02 of 2022 is allowed.
The office is directed to implead the intervenor- opposite party as opposite party no. 3.
Learned counsel for the Bihar State Sunni Waqf Board submits that he has already filed counter affidavit through online in this case, which is not on record.
The office is directed to verify and place the same on record.
Learned counsel for the Bihar State Sunni Waqf Board is permitted to file hard copy of the counter affidavit before the office.
Patna High Court C.R. No.39 of 2019(7) dt.03-04-2023 3/3 List this case on 17.04.2023.
(Khatim Reza, J) sankalp/-
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