IN THE HIGH COURT OF JUDICATURE AT PATNA
S.N. HUSSAIN,J.
Hazrat Makhdum Jahan Sheikh Sharfuddin Ahmad, Yahiya Maneri Wakf Estate No.22 through its Sajjadanashin and Mutawalli Syed Shah Mohammad Saifuddin Firdausi, son of late S/o Late Syed Amjad Firdausi, Mohalla Khanquah, P.S. Lahari & Town Biharsharif, District Nalanda. - Petitioner
Versus
The State Of Bihar & Ors. - Respondents
Civil Writ Jurisdiction Case No.12402 of 2009
Decided on : 25-06-2012
C.W.J.C. No. 2490 of 2010 dt. 2.5.2011-Referred to.
This writ petition was filed by the petitioner for the following reliefs :-
(i) A writ in the nature of mandamus directing the respondent-authorities to remove the encroachment including the road constructed by them on the admitted land of the petitioner in his absence and to refill the land of the petitioner from which the soil was taken by the authorities concerned without the permission of petitioner.
(ii) A writ in the nature of prohibition restraining the respondent-authorities from interfering with the right, title and possession of the petitioner over the land in question.
(iii) To direct the concerned respondent-authorities to compensate the loss accrued to the petitioner due to illegal and high-handed acts of authorities and also to pay heavy damage and cost for undue harassment caused to the petitioner.
(iv) To direct respondents no. 1 to 3 to take serious action against its officers and employees who were responsible for such heinous act causing grievous loss to the charitable purposes of the Wakf Estate. (v)To restrain the concerned respondent-authorities from using the land in question of the petitioner without adopting any procedure of land acquisition and payment ofr the entire compensation etc. in accordance with law.
(vi)Any other relief or reliefs to which the petitioner is entitled.
2. Initially this writ petition was filed against the State of Bihar and its authorities (respondents no. 1 to 7) and the Bihar State Sunni Wakf Board (respondent no.8), but subsequently National Project Construction Corporation Limited and its Project Manager of Bihar Zone were added as respondents no. 9 and 10 vide order dated 15.03.2011 at the instance of the petitioner, who filed I.A. No. 9266 of 2010 for the said purpose on the ground that respondent-authorities had assigned the work of construction of the roads to the said Corporation, which had constructed the road in question through the land of the petitioner, which was not opposed by any of the respondents.
3. Thereafter the residents of the village in question as well as of the surrounding villages, namely, Dashrathpur, Barabigha and Saidaki filed I.A. No. 1985 of 2011 for being impleaded as party-respondents claiming that their impleadment was necessary to safeguard the interest of the people of the said villages as they were beneficiaries of the road and any effort made by respondent-authorities to remove the road was bound to adversely affect the people of the said villages and their economical developments. The said interlocutory application was also allowed without any objection from any one by this Court vide order dated 15.03.2011 and the said interveners were impleaded as respondents no. 11 to 16 to the writ petition.
4. Learned counsel for the petitioner claimed that it is a very old and renowed Wakf of the State with respect to the Dargah and Khanquah of the great Sufi Saint of Bihar, namely, Makhdumul Mulk Sheikh Sharfuddin Ahmad Yahiya Maneri. When the Bihar State Sunni Wakf Board (hereinafter referred to as `the Board’ for the sake of brevity) first came into existence, the said Wakf Estate was recorded as Wakf Estate No. 22 in the Board along with its several properties situated in the town of Biharsharif and also in village of Dashrathpur, P.S. Giriyak in the district of Nalanda, which included an orchard named as Baghkalan situated in village Dasrathpur under Tauzi No. 157, which was rent free (Lakheraj) as it was dedicated in the name of great Saint. The said orchard consists of plot no. 900(22.7 acres) of khata no. 246 and plot no. 928 (9.20 acres) of khata no. 290 and plot no. 918 (9.20 acres) of khata no. 246, all under Thana no. 335, Tauzi no. 157 C/4 under Giriyak Police Station in the district of Nalanda, over which mango orchard is situated since much before cadastral survey, wherein the said orchard was recorded in the name of petitioner-Wakf Estate and is still continuing in the khas possession of the
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