The main legal point established in the judgment is the exclusive jurisdiction of the Waqf Board in managing waqf properties, as well as the inapplicability of the Societies Registration Act, 1860 in mosque management.

TAPEN SEN, J.

( 1 ) IN C. W. J. C. No. 4323 of 1998, the Petitioners (Managing Committee of Eqra Mosque, through its Secretary namely Motiur Rahman in his official capacity as Petitioner No. 1; as also in his personal capacity as Petitioner No. 2) have prayed for quashing the Order dated 12-5- 1998 passed by the Respondent No. 2 (Minister-in-charge, Minority Welfare) said to be in purported exercise of power under S. 43 (4-A) of the Waqf Act, 1954 by reason whereof he set aside the Certificate of Registration issued by the Bihar State Sunni Waqf Board on 20-11-1996 (Annexure-3 ). He also set aside the Order dated 18-12-1996 (Annexure-4) issued by the Chairman of the said Board and directed that the Committee constituted under the Presidentship of md. Shabir (Respondent No. 8) shall continue to function. It is relevant to mention that the Committee headed by Md. Shabir (Respondent No. 8) is known as the "masjid-e- eqra Welfare Society". They have further prayed that the Respondents be restrained from interfering with the management of the affairs of the Eqra Mosque which, according to them, is a Waqf duly registered under s. 25 of the Waqf Act having registration number 2278 of 1996.

( 2 ) IN the other Writ Petition, i. e. C. W. J. C. No. 4822 of 1998, the Petitioner (i. e. Motiur Rahman - Petitioner No. 2 of the other writ Petition) has prayed for quashing annexure-1 thereto i. e. the Certificate of registration registering the said "masjid-e- eqra Welfare Society" under the provisions of the Societies Registration Act, 1860. He has further prayed that the Respondents of that Writ Application including the I. G. Registration, Bihar, Patna, as also Md. Shabir and other members of the said Society be restrained from Managing the affairs of the Eqra Mosque and its properties which were duly registered under S. 25 of the Waqf act by the Bihar State Sunni Waqf Board having registration number 2278 of 1996.

( 3 ) BY the Certificate of Registration dated 20-11-1996 (Annexure -3) the Secretary of the Bihar State Sunni Waqf Board inter alia certified the REGISTRATION of the mosque known as the "eqra Masjid" along with the properties appertaining thereto under S. 3 (l) (i) read with S. 25 of The Waqf act, 1954. The properties are situated in ward No. III/ (XIII); Holding No. 39/391; M. S. Plot No. 697/i and 697/iii (A) over an area of 3 Kathas 11 Chattaks (14. 25 Square Feet) and 1 Katha 7 Chattaks (5. 31 Square Feet) situated on Ward No. Ill; Holding No. 391; m. S. Plot Nos. 697 and 698 which were purchased by the Eqra Committee vide Deeds dated 26-8-1987 and 10-5-1988 vide Registration No. 2278/1996.

( 4 ) THE said Certificate of Registration also informed that the Chairman of the Board had passed an Order on 15-11-1996 approving the formation of Committee consisting of 26 Members/office Bearers for the management of the said Mosque and made the life of the Committee valid for one year subject to endorsement by the Board.

( 5 ) BY Order dated 18-12-1996 (Annexure-4) the Chairman of the said Board allowed the aforementioned Managing Committee to function till further Orders.

( 6 ) ACCORDING to the Petitioners, in the year 1986 the Muslims of Ranchi felt the need for a spacious Mosque and accordingly convened a meeting and constituted a Managing Committee know as the Eqra Committee.

( 7 ) IN the year 1987, the said Committee was however dissolved and a new Committee was constituted consisting of various persons for purposes of purchase of land etc. According to the Petitioners, the land measuring 5 Kathas referred to above was ultimately purchased by Sale Deeds dated 26-8-1987 and 10-5-1988 in the names of four members of the Managing Committee. The typed copies of these Deeds are annexures 2 and 2/a. Annexure 2 is the sale Deed dated 26-8-1987 and it shows that it was executed by Sardar Charan Singh in favour of the said Eqra Committee through (1) its President, Md. Sabir (Respondent No. 8); (2) Secretary, Haji Hussain Qasim