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2023 Supreme(Pat) 693

RAJIV ROY
Mirza Amirullah Beg – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Syed Firoz Raja.
For the State : Mr. Pankaj Kumar Singh, AC to GA -9.
For the Respondents: M/s Md. Helal Ahmad, Anjum Akhtar, Ramesh Gupta.

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 diff

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