1. This application has been placed before me on a difference having arisen between two learned Judges of this Court in respect of the relief claimed by the petitioners by way of quashing an order passed by the Bihar State Sunni Waqf Board (hereinafter referred to as the Board) under Sec.36-B of the Waqf Act of 1954 (hereinafter referred to as the Act).

2. It is not necessary to state at any length the facts giving rise to the present application, for, they have been set out in the judgment of my learned brother, Ali Ahmad, J. It will be sufficient to state that the petitioners claim certain lands to have been transferred to them by exchange in the year 1965 by some persons, viz., Ghaznafar Raza Choudhary, Qaiser Raza Choudhary and their mother. These lands are said to have been originally settled with those persons by way of raiyati settlement between the years 1923 and 1927. These lands are alleged to have been the bakasht lands comprised in the tauzi of which the grandfather of the aforesaid Ghazanafar and Quaiser, was the proprietor and in respect of which he had created a Waqf. The Board treating the property as a waqf property and treating it as one transferred to the