Judgement

IMAM, J. - The appellant was removed from his position as mutawalli of Cholam Yahia Waqf Estate on 1st September l95l, by an order passed by the Majlis constituted under the Bihar Waqfs Act, 1947 (Bihar Act of 1948) (hereinafter referred to as the Act). He appealed to the District Judge of Monghyr, as he was entitled to do under the provisions of the Act, and the operation of the order of removal passed by the Majlis was stayed by the District Judge pending the hearing of his appeal.

A complaint against him was filed in the Court of the Sadar Sub-Divisional Magistrate, Patna on 1st July 1952, by Mahommad Samual, Nazir of the Majlis on the order of its Sadar. It was alleged in the complaint that it was the duty of the appellant to prepare a budget of the waqf estate of which he was a mutawalli, under S. 58 (1) of the Act, for the year 1952-53 and to send a copy of it to the Majlis before 15th January 1952.

The appellant had deliberately failed to comply with the aforesaid provisions and therefore had committed an offence punishable under S. 65 (1) of the Act. The office of the Majlis where the budget had to be filed was situated at Patna within the local jurisdiction of the m