ORDER

This Civil Revision application has been filed against the judgment and order dated 20.02.2015 passed in Waqf Appeal No. 02 of 2012 by the learned Presiding Officer of Bihar Waqf Tribunal, Patna whereby, the order passed by the Chairman, Bihar State Sunni Waqf Board, Patna issued under Memo No. 1466 dated 23.01.2022 signed by the Chief Executive Officer, Bihar State Sunni Waqf Board, Patna, appointing the petitioner as Mutawalli of Waqf Estate No. 2474 namely, Madarsa Arabia Wasimul Uloom, Barahpura, Bhagalpur has been reversed/set aside.

2. Waqf Estate No. 2474 namely, Madarsa Arabia Wasimul Uloom has been created through registered Waqf deed by Wasim Fatima (wife of Deyanat Hussain) on 26.04.1995. The nature of Waqf mentioned as Fi Sabilillah (The beneficiaries of the Waqf is the general public) for establishing Madarsa Arabia Wasimul Uloom, Barahpura, Bhagalpur. From the recital of the deed, Md. Abbas Khan was entrusted with all powers to manage and control the Madarsa as ‘Mohtamim’ and also given powers to the Mohtamim to accept movable and immovable properties in form of donation for the benefit of the said Madarsa. He was also empowered to exercise discretion in the matter of constituting Advisory Committee. Mohtamim will also have power to get the property registered. It was written in the deed that Wakifa (dedicator) will not interfere in the working and management of the said Madarsa. It was further mentioned that anybody including her family members were precluded from interfering with the management of the said Madarsa and any such attempt shall be void.

3. The case of the appellant briefly stated is that just after creation of Waqf on 26.04.1995, all the rights in the properties passed out and vested in the almighty and the property came in the hands of the petitioner as Mohtamim (manager). The right of Wakifa was absolutely extinguished and passes in favour of the almighty and petitioner was appointed to administer the Waqf. It is further contended that since 26.04.1955, the petitioner has been working as Mohtamim/Mutawalli with utmost care, caution, honesty and sacrifice. Because of his sincere efforts the Madarsa attained a good reputation and people reposed confidence. People by and large made subscription and donation as a result of which the Madarsa flourished. There are persons who donated their lands for the benefit of said Madarsa. On 06.05.2000, a Waqf deed was created by Ibnul Hasan, Amiluddin, Md. Khurshid Anwar, Parwez Anwar to the Mohtamim of the said Madarsa (petitioner) with regard to land measuring 1 katha and 12 ¼ dhurs for the development of Madarsa and for construction of Masjid under the management of the petitioner. In all, 11 kathas of land through 4 Waqf deed were dedicated to the Madarsa and Masjid under the management of the petitioner. Name of the said Madarsa has been entered in the revenue records of Circle office Jagdishpur, District- Bhagalpur. Holding tax bearing Holding Tax No. 54A has been created and its up to date tax were paid by the petitioner. Tax receipts Form-H was issued on 21.02.2008. Possession and management of Waqf property under the petitioner as Mutawalli is established. The construction of the Madarsa building has been made entirely from the public subscription/donation and the offerings from ‘Zakat’, ‘Khairat’ and ‘Atia’. The Madarsa was flourishing under the honest, efficient and dedicated management of the founder and Mohtamim (Mutawalli) of the Madarsa and has achieved a mark of distinction among the Madarsa of Bhagalpur district and its adjoining area. Further case of the petitioner is that the husband of the Wakifa namely, Deyanat Hussain (respondent no. 7) had a greedy eye on the flourishing Madarsa and he was harboring to control the affairs of the Madarsa. The said Deyanat Hussain started interfering with the affairs of Madarsa by writing mischievous letters to the petitioner asking income and expenditure in the teeth of Waqf deed dated 26.04.1995. It is