TAPEN SEN
MANAGING COMMITTEE OF EKRA MOSQUE – Appellant
Versus
STATE OF BIHAR – Respondent
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 22
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