Indian Kanoon - Search engine for Indian Law

Patna High Court - Orders

M/S Namira Constructions Pvt.& Ans. vs The State Of Bihar & Ors. on 23 December, 2009

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  MJC No.2714 of 2009
                      M/S NAMIRA CONSTRUCTIONS PVT.& ANS.
                                          Versus
                             THE STATE OF BIHAR & ORS.
                                            with
                                  MJC No.2722 of 2009
                    FAIZ MURTAZA ALI, THE MUTAWALLI, FAZL IMAM PUBLIC
                     CHARITABLE & RELIGIOUS TRUS.
                                          Versus
                                 THE STATE OF BIHAR
                                        -----------
5.   23.12.2009

A compliance report on affidavit has been filed on behalf of the Shia Wakf Board, in which it is stated that the possession of the building in question as also the building materials as per the list of inventory prepared earlier in the presence of witness has been handed over to Mr. Seraj Anwar, Director of M/s. Namira Construction Pvt. Ltd. on 21.12.2009 at 12.30 P.M. The document showing the handing over and taking over of possession has been annexed as Annexure-A. Learned counsel for the petitioners submits that although there is a recital regarding the preparation of list of inventory but the same has not been handed over to the petitioners.

Learned counsel for the Wakf Board states that if the same has not been done, it would be handed over to the petitioners under receipt within a week.

Learned counsel for the petitioner in -2- M.J.C. No.2722 of 2009, i.e., the Mutawalli of the Wakf, on the other hand, submits that there was a direction to the petitioner to hand over 45% of the constructed area of the building in question to the Mutawalli of the Wakf, which has not yet been handed over as per the direction of this Court.

Learned counsel for the M/s. Namira Construction points out that the direction was to hand over to the Wakf prior to handing over the possession to any person and the same would be complied with by them in terms of the development agreement entered into between the parties after completing the constructions.

In the said circumstances, M.J.C. No.2722 of 2009 appears to be premature.

Both the contempt applications are, accordingly, dismissed subject to the Wakf Board complying with the aforesaid undertaking given before this Court.

VPS                              ( Ramesh Kumar Datta, J. )