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2021 Supreme(Pat) 910

MOHIT KUMAR SHAH
Syed Mukarram Ali, S/o. Late Syed Irteza Hussain – Appellant
Versus
Bihar State Shia Waqf Board Bihar, Patna through the Chief Executive Officer – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rashid Izhar.
For the Respondent: Mr. Md. Anjum Akhtar.

JUDGMENT :

The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

2. The present writ petition has been filed for quashing the notification dated 06.08.2020 issued by the Bihar State Shia Waqf Board (hereinafter referred to as the “Board”), whereby and whereunder the petitioner has been removed from Mutawalliship of the waqf estate in question and an Assistant of the Board has been appointed as the Manager of the said waqf estate. The petitioner has also sought quashing of the Board’s resolution no. 10 dated 17.06.2020, whereby and whereunder the petitioner has been removed from the Mutawalliship of the waqf estate in question.

3. The brief facts of the case are that the petitioner was appointed as Mutawalli of Bibi Fatma and others waqf estate, bearing no. 15/Patna situated at Diwan Mohalla, Dulli Ghat, Patna City in the year 1994, being the successor and heir of the dedicator. Without going into the details, it would suffice to state that it is the contention of the petitioner that since his appointment as Mutawalli of the waqf estate in question, he

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