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 has been diligently discharging his duties for consolidation and maintenance of the waqf estate and no complaint has ever been made against the petitioner since the past 26 years. In the year 2019, the petitioner had replaced the old gate by a new gate at the entrance of the mosque of the waqf estate in question and was also getting minor repair works done with regard to the front wall of the Imambara. It is submitted that in the course of time the waqf property in question had become valuable, hence many people were having evil eye on the property of the waqf estate. It is also the allegation of the petitioner that the respondent Bihar State Shia Waqf Board has already sold/ permanently leased out many valuable waqf properties in Patna illegally to private builders despite refusal of permission to do so by the Government of Bihar, hence the respondent Board had similar plans with regard to the present waqf estate in question but on account of the opposition of the petitioner, the ill motive of the respondent Board could not materialize, hence the respondent Board hatched a plan and consequently issued a show cause notice dated 29.04.2020 to the petitioner, seeking explanation regarding the illegal construction being made by the petitioner as also directing him to stop the construction work. The petitioner had then filed his reply dated 04.05.2020, stating therein that the petitioner was only getting minor repairing works done and the Masjid and Imamwara of the Waqf estate were being white washed, hence there was no requirement for seeking permission for maintenance/repair work under any Act/Rule/Regulation. The petitioner had thereafter, received no communication, however, subsequently the respondent Board had circumspectly behind the back of the petitioner conducted an enquiry. On 16.06.2020 the Government of Bihar had issued a gazette notification whereby and whereunder the election of the respondent Board was notified and immediately on the next day the respondent Board had surprisingly held a meeting on 17.06.2020 and vide resolution no. 10 had taken a decision to remove the petitioner from the Mutawalliship of Bibi Fatma and other waqf estate no. 15/Patna, under section 64(a) & (g) of the Waqf Act, 1995 and after lapse of two months a notification dated 06.08.2020, regarding the same, was issued and forwarded to the petitioner.

4. The learned counsel for the petitioner has referred to Section 64 of the Waqf Act, 1995 to demonstrate the grounds on which the respondent Board can remove a Mutawalli, subclause (a) & (g) whereof are reproduced herein below:-

“64. Removal of mutawalli:-

(a) has been convicted more than once of an offence punishable under section 61; or

(g) has failed, without reasonable excuse, to maintain regular accounts for two conse