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2022 Supreme(Pat) 59

CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Md. Ali Son of Late Resident of Mohalla-Rambagh Kanhauli Bishnudutt, P. S. - Mithanpura, P. O. - Ramna, District- Muzaffarpur – Appellant
Versus
State of Bihar through Principal Secretary, Department of Minority Welfare, Govt. of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Asif Ali, Advocate Mr. Majid Mahboob Khan, Advocate
For the Respondents:Mr. Md. Helal Ahmad, Advocate (Waqf Board) Mr. Rajkishore Rai

JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

This writ application has been filed seeking quashing of an order issued by memo No. 147 dated 14.01.2021 passed by the Chief Executive Officer, Bihar State Sunni Waqf Board 'the Board' in short), Patna in compliance of an order dated 05.04.2019 passed by the Bihar State Waqf Tribunal ('the Tribunal' in short). Against the said order dated 05.04.2019, the petitioners have filed Civil Revision applications before this Court registered as C.R. No. 99 of 2019 and C.R. No. 94 of 2019 under the proviso to sub-section (9) of Section 83 of the Waqf Act, 1995 (hereinafter referred to as ‘the Act’), which are pending. No interim order has been passed in the said Civil Revision Applications by this Court in relation to operation of the aforesaid order passed by the Tribunal.

2. There is a finding recorded by the Chief Executive Officer of the Board in an order dated 06.02.2017 (Annexure-2), whereby the petitioners have been declared to be in unauthorized occupation of the Kanhauli Mosque, which has been held to be a Waqf property dedicated by Haji Khuda Bux. It is worthwhile mentioning that Section 54 of the Act casts a duty upon the Chief Executive Offic

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