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1979 Supreme(Pat) 10

K.B.N.SINGH, LALIT MOHAN SHARMA
Haji Syed Mohammad Hussain – Appellant
Versus
State Of Bihar – Respondent


Judgment

LALIT MOHAN SHARMA, J.

1. The petitioner is the Mutawalli of a Public Religious and Charitable Institution known as Soghra Wakf Estate. It is stated in the writ application that one Bibi Soghra had dedicated extensive property by a registered document D/- 30-9-1896 embodying the terms and conditions of the wakf created thereby and laying down the scheme for its management According to the document, the administration and management of the property vested in the Muttawalli, who has to be assisted by two Naibs and Committee. Subsequently, a new scheme for the management of the wakf was framed by the District Judge, Patna. by his decision in T.S. 12 of 1919. It is, however, not necessary to give the details of the scheme except mentioning that the Mutawallis right of administration and management was reaffirmed. The Bihar legislature passed an Act for the purpose of general supervision of the wakf within the State of Bihar, which was known as Bihar State Wakf Act. 1947, whereunder a Board known as Bihar Sunni Majlis-e-Awqaf was formed. The Majlis was vested, by the Act, with the authority, supervise the proper function of the Sunni Wakf and the present Soghra Wakf Estate is on








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