Rajiv Roy, J. – Heard Mr. Syed Firoz Raja learned counsel appearing on behalf of the petitioner, Mr. Helal Ahmad duly assisted by Md. Anjum Akhtar representing the respondent nos. 2 and 3 as also Mr. Pankaj Kumar Singh, learned AC to GA-9.

2. The petitioner rushed to the court merely on the basis of notice issued vide letter no. 1239 dated 04.07.217 by the office of the respondent no. 3, the Bihar State Shia Waqf Board (henceforth for short ‘the Wakf Board’) asking him to submit show cause why action be not taken against him under Waqf Act 1985 (amended 2013) in view of the fact that earlier notice vide letter no. 62 dated 30.01.2017 directing him to provide details of the Hasan Imam Waqf Estate has not been completed.

3. Mr. Syed Firoz Raja, learned counsel for the petitioner submits that the respondent nos. 2 & 3 do not have any authority to sent any notice to the petitioner in view of the fact that they do not come within their preview of the facts.

4. The facts in brief are as follows: –

(i) on 28th April, 1931 the said Mr. Hasan Imam executed a deed of Waqf-alal-Aulad in respect of his properties in which Mrs. Nattie Imam was the sole Mutawalli of the 16 Annas Estate. In the different clauses of the said deed it has been indicated as to how one after the other the different family members of Mr. Hasan Imam were to become the Mutawalli. In the event of his line becoming extinct, the ultimate benefit was to go to the poor Muslim residing at Neura for their education and for maintenance of a mosque;

(ii) on the 7th April1973, the operation of the 1954 Act was extended to Bihar Section 1 (3) of this Act provides that the Act shall come into force in a State to which the Act extends on such date as the Central Government may by notification in the Official Gazette appoint in this behalf for that State. Section 69 (2) of the Act provides that if immediately before the commencement of the Act in any State, there is in force in that State any Law which corresponds to this Act that corresponding Law shall stand repealed. As an effect of this sub-section the aforesaid 1947 Bihar Act stood repealed with effect from the 7th April, 1973;

(iii) subsequently, ‘the Board” (respondent no.2) was established. On the 16th November, 1973, the Bihar State Shia Waqf Board (hereinafter referred to as the "Board") issued a notice to the then petitioner af subset CWJC No.258 of 1974 enclosing a copy of petition dated the 27th July, 1923, filed by Master Mirza Amirullah Begasking her to show cause by the 24th November, 1973 as to why the reliefs sought in the said petition be not granted. It was further stated that the matter would be considered by the Board on the 25th November, 1973;

(iv) the petitioner, in reply to the said notice, by a letter dated the 21st November, 1973, informed ‘the Board’ that she was the sole Mutawalli as also beneficiary of Block B of the aforesaid Hasan Imam Waqf Estate under the decree of this court, dated the 23rd February, 1967, passed in Miscellaneous Appeal No.260 of 1966, in which the Bihar Subai Shia-Majlise- Awqaf was a party and the scheme given by the said Majlis had been incorporated in the order of this court. It was further stated that the Hasan Imam Waqt Estate was a Waqf-alal-Aulad Estate and the Board had no jurisdiction to interfere with its affairs. A copy of the said reply was marked as Annexure-7 to the said writ application;

(v) according to the then petitioner, in spite of the fact that the provisions of the 1954 Act were not applicable to the Waqf-alal-Aulad, the respondent-Board published a notice in the two English dailies of Patna, namely, the Indian Nation and the Searchlight, dated the 30th November, 1973, stating that in view of the resolution, dated the 25th November, 1973, it was being notified for general information of the public interested in Waqfalal- Aulad, in general, and Hasan Imam Waqf Estate, in particular, that any agreement of sale or lease, or any sale or mase, in respect of the said