##PAGE1##

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25428 of 2019

======================================================

Madarsa Zikratun Nisa through its Secretary Dr. S.M. Naiyer Imam, aged

about 70 years (Male), son of Late S.M. Zareef, situated at Village- Bahera,

Block- Benipur, P.S.- Bahera, District- Darbhanga.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Education Department,

Government of Bihar, Patna.

2. The Secretary, Bihar State Madrasa Education Board, Patna.

3. The District Magistrate, Darbhanga.

4. The District Education Officer, Darbhanga.

5. The District Programme Officer, Lekha and Yojana, Darbhanga.

6. The Circle Officer, Block- Benipur, Darbhanga.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s : Mr. Ashhar Mustafa, Advocate

For the State : Mr. Jitendra Kr. Roy 1 (SC-13)

Mr. Hitesh Suman, AC to SC-13

For the Madarsa Board : Mr. Shahzad Hassan Khan, Advocate

Mr. Aslam Ansari, Advocate

======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL JUDGMENT

Date : 05-02-2026

At the outset, learned Advocate for the petitioner

seeks permission to make necessary correction in the name of

the Secretary of the petitioner’s Madarsa, in pursuant to the

orders of this Court dated 09.10.2025 and 22.01.2016.

2. Permission is accorded.

3. Heard the parties.

4. Taking note of the conflicting report of different

officials, this Court vide order 29.04.2025 directed the District

Patna High Court CWJC No.25428 of 2019 dt.05-02-2026

2/6

Magistrate, Darbhanga to conduct an enquiry regarding

infrastructure and functioning of the Madarsa Zikratun Nisa

preferably within a period of three months. In pursuant thereto,

a three men committee has been constituted vide Memo No.

2148 dated 09.06.2025 issued under the signature of District

Magistrate, Darbhanga. The committee so constituted consisted

of (i) Sub-Divisional Officer, Benipur, Darbhanga, as Chairman,

(ii) The Deputy Collector, Land Reforms, Benipur, Darbhanga,

as Member and (iii) The District Programme Officer

(Establishment), Darbhanga as Member.

5. As per enquiry conducted by the three men

Committee, submitted a joint report dated 03.08.2025. Referring

to the joint report, this Court is apprised that from the revenue

records, it appears that total 21.1 decimals of land has been

running in the name of Madarsa and out of the said land, there is

a building of Madarsa erected over 1 Katha and 10 dhurs. The

remaining land is vacant. However, at present the Madarsa is

found to be in dilapidated condition and non-functional.

6. Mr. Ashhar Mustafa, learned Advocate for the

petitioner adverting to the materials available on record

submitted that besides the conflicting report from different

authorities, the three men committee constituted by the District

Patna High Court CWJC No.25428 of 2019 dt.05-02-2026

3/6

Magistrate, Darbhanga has failed to submit inspection report in

terms with the regulations, as prescribed for inspection of

Madarsa. In the year, 2016, to be more specific i.e. on

13.06.2016 the joint committee of the District Education

Officer, Darbhanga and District Programme Officer (Accounts

and Planning), Darbhanga has submitted an inspection report

within a prescribed format disclosing therein all the particulars

separately, including the prescriptions of the land, size of the

class rooms, name of the teachers and the member of the

Managing Committee as well as number of students, who were

pursuing their studies in the said Madarsa. However, at the time

of inspection pursuant to the order of this Court, neither the

member of the Managing Committee nor the Head Maulvi has

been informed with regard to the inspection of the Madarsa or

any time schedule so that they may produce all the records

relating to Madarsa.

7. It is the specific contention of the petitioner that

at no point of time, the physical inspection has been conducted

by the authorities, rather onl