Patna High Court - Orders
Zaki vs The State Of Bihar & Ors on 20 September, 2017
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 11065 of 2015
Along with
Interlocutory Application No. 6816 of 2017
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Zaki Son of Late Md. Qumruddin, resident of Mohalla- Banoliya, P.S.-
Biharsharif, District- Nalanda (Biharsharif).
.... .... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Government of Bihar,
Patna.
2. The District Magistrate cum permanent Member of Sogra Waqf Estate,
Nalanda at Biharsharif.
3. The Sub Divisional Officer, Nalanda (Biharsharif).
4. The Bihar State Sunni Waqf Board, Patna through its Secretary, Bihar
State Sunni Waqf Board, Patna.
5. The Chief Executive Officer, Bihar State Sunni Waqf Board, Patna.
6. Janab Sayed Shah, S/o- Not known Saifuddin Firdausi, Sajjadanashin,
Khanquash Mozam, Permanent Member.
7. Janab Syed Sadullah Quardri, S/o- Not Known Khanquash Mojibia,
Phulwari Sharif, Patna, Permanent Member.
8. Janab Md. Shahab Akhtar, S/o- Not Known, Retired I.G. (I.P.S.) B/1-
37, Alinagar Colony, Patna.
9. Janab Abdul Quddus, S/o- Not known (Ex. Zila Parishad Member),
Moh.- Lahari Sarai, P.S District- Nalanda.
10. Janab Salman Raghib, S/o- Not Known, M.L.C. Nawada.
11. Janab M.S. Aftab, S/o- Not Known, Mph. Sakunat Bihar Sharif to
represent Weavers.
12. Janab Rashid Izhar S/o- Late Md. Izhar Advocate, 46 Bihar Bar Council
Bhawan, Patna (Advocate from Patna).
13. Janab M.B. Shahabuddin S/o- Not Known, Advocate, Qamashpur,
Biharsharif, Nalanda.
14. Janab Zakir Hussain, Advocate, S/o- Not Known, Mohalla- Sherpur,
Biharsharif, Nalanda.
15. Janab Sultan Ansari, S/o- Not Known, Khanquah Biharsharif, Nalanda.
16. Janab Monswar Ali Rayeen, S/o- Not Known Sohsarai, Biharsharif,
Nalanda.
17. Janab Mumtaz Ali, Advocate, Son of Fasahal Hussain Karim. At Civil
Court, Biharsharif, Nalanda P.S.+P.O+District- Nalanda.
18. Janab Asghar Shamim, S/o- Late Mahboob Alam, Belchi Market,
Biharsharif, Nalanda (Ex. Zamindar).
19. Janab Md. Abdul Khair Mallik, S/o- Not Known, Sabbait, P.S. Rajgir,
Biharsharif, Nalanda.
20. Janab Akhtar Hassan Azad Khan, S/o- Not Known, Barahdari,
Biharsharif, Nalanda.
21. Janab Tarique Imam, S/o- Not Known (Regional Directot, Maulana
Azad National Urdu University) New Delhi.
22. Janab S.M. Sharif, S/o- Late Syad Abu Naseer (Mutawalli of the Soghra
Waqf Estate). Village- Panhesha, P.S.- Hilsa, District- Nalanda.
23. Janab Abdul Haque, S/o- Late Abdul Hai, (Naib Awal Incharge of
Soghra Waqf Estate). Moh- Kasi Takia, P.O.+P.S.- Biharsharif, District-
Patna High Court CWJC No.11065 of 2015 (11) dt.20-09-2017
2/5
Nalanda.
24. Central Bureau of Investigation through the S.P., C.B.I., Patna.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kamaluddin, Advocate
For the CBI : Mr. Sanjay Kumar, Advocate
For the Wakf Board : Mr. Helal Ahmad, Advocate
For the Intervenor Respondent: Mr. Sandeep Kumar Shahi, Advocate
For the State : Mr. B. K. Yadav, SC-18
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL ORDER
11 20-09-2017Heard learned counsel for the parties.
Re.: Interlocutory Application No. 6816 of 2017
2. The present Interlocutory Application has been filed by one Reyajuddin for modification/clarification of the order dated 22.12.2016.
3. When the Court called upon learned counsel for the petitioner to assist, Mr. Kamaluddin, learned counsel submitted that the petitioner has taken away the file from him immediately after the order of this Court dated 11.08.2017 and also told him that he would not be required to appear in the case. When the Court again called upon as to whether any learned counsel would assist on behalf of the petitioner, nobody has appeared.
4. In view of the aforesaid, the Court has no hesitation to record that the petitioner is playing a game with the Court. On the one hand, he moves the Court against the order by Patna High Court CWJC No.11065 of 2015 (11) dt.20-09-2017 3/5 which the Managing Committee constituted by the Bihar State Sunni Wakf Board of the Soghra Wakf Estate, Biharsharif and an order is passed on 22.12.2016, by which such Committee has been restrained from exercising certain powers, when a modification of that order was sought earlier, a co-ordinate Bench, which passed the order dated 22.12.2016, directed that the writ petition itself be finally disposed off and thereafter, when the matter is taken up, there is nobody appearing for the writ petitioner. Further, it appears that the writ petitioner had moved the Division Bench in L.P.A. No. 1179 of 2017, in which by order dated 04.09.2017, there is a direction staying of the enquiry by the Central Bureau of Investigation. However, the reference of the date and case is with regard to a Public Interest Litigation, which was disposed off on 19.04.2017 with certain directions but it is absolutely nothing to do with any enquiry by the Central Bureau of Investigation. The present petitioner, who was also petitioner in L.P.A. No. 1179 of 2017, has also not bothered to get any clarification/modification of the order of the Division Bench dated 04.09.2017. All this indicates that the petitioner is not playing fair with the Court.
5. However, be that as it may, as the present Interlocutory Application only relates to a clarification of the Patna High Court CWJC No.11065 of 2015 (11) dt.20-09-2017 4/5 order dated 22.12.2016, to the extent that the election of the Secretary of the Managing Committee of Soghra College in the city of Biharsharif be directed to be conducted, the Court would only observe that the order dated 22.12.2016 only related to the power of the Managing Committee of the Soghra Wakf Estate not to alienate any property or make any appointment in any institution of the aforesaid Wakf and in any manner encumber the property or induct somebody as tenant etc. or lease out the property. Thus, to such extent, the order does not relate to any restrain in election of the Secretary of the Managing Committee of Soghra College, Biharsharif. However, the Court would hasten to add that the limitation placed on the Managing Committee of Soghra Wakf Estate, Biharsharif in the order dated 22.12.2016, shall also apply to the Managing Committee of Soghra College, Biharsharif.
6. It goes without saying that the parties are always at liberty to move the Court for any clarification/modification, if the occasion arises.
7. Accordingly, the District Magistrate, Nalanda, who is the ex-officio Chairman of the Managing Committee of Soghra College, Biharsharif shall ensure that the election of the Secretary of the Managing Committee of Soghra College, Biharsharif is Patna High Court CWJC No.11065 of 2015 (11) dt.20-09-2017 5/5 conducted forthwith, in accordance with law, without any further delay. For the sake of convenience, let the applicant of the present Interlocutory Application serve a copy of this order on respondent no. 2.
8. Interlocutory Application No. 6816 of 2017 stands disposed off in the aforementioned terms.
9. Learned counsel for the parties have not opposed the directions given in the present order.
(Ahsanuddin Amanullah, J.) P. Kumar U