IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.34 of 2026 ======================================================

Mohammad Firoz Quraishi@Mohammad Feroz Kureshi@Mohammad Feroz Quraishi@Mohammad Firoj Quraishi ... ... Appellant/s Versus The Chief Executive Officer, Bihar State Sunni Waqf Board ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Syed Asgher Najmi, Adv.

Mr. Kainat Akhtar, Adv.

Mr. Ashutosh Kumar Mishra, Adv.

Mr. Wajeeha Jafri, Adv.

For the Respondent/s : Mr. Standing Counsel 11, Adv.

For the Committee : Mr. Kamran Fazal, Adv.

Mr. Ajay Kumar, Adv.

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

4 24-02-2026 Learned counsel for the appellant prays for and is allowed to implead the Circle Officer, Sadar, Patna as respondent no. 5 in course of the day.

2. Heard Mr. Syed Asgher Najmi, learned counsel for the appellant, Mr. Kamran Fazal for the Management Committee of the Hazrat Shah Sayed Pir Murad Rahamtullah Allaih, Patna High court Mazar (henceforth for short ‘the Mazar Committee’) and Mr. Helal Ahmad for the Waqf Board (henceforth for short ‘the Board’).

3. The present petition has been preferred:

against the order dated 18.11.2025 passed by the Learned Chairman (Presiding Judge) and learned Member B.A.S (Joint Secretary), Bihar State Waqf Tribunal, Bihar, Patna in Eviction Application No. 24 of 2019, whereby the opposite party-appellant has been declared as encroacher over the Waqf Land of Hazrat Shah Peer Murad Shah Rahmatullah Allaih commonly known as High Court Mazar Sharif, Waqf Estate No. 663, Patna and hence, liable to be evicted from the property in question with further direction to vacate the property within 45 days from the affixture of order.

I.A. No. 01 of 2026:

4. The aforesaid Interlocutory Application has been preferred for adding as intervenor-respondent in view of the fact that now they are heading the Mazar Sharif Committee.

5. The appellant as also the Waqf Board has no objection to it.

6. In that background, I.A. No. 02 of 2026 is allowed. 7. Let office do the needful to implead the intervenor-

respondent as respondent no. 6 in the present case.

M.A. No. 34 of 2026

8. The matter relates to piece of land bearing plot no.

194, area- 10ft x 10ft which is being used as a mutton shop.

9. Learned counsel for the Mazar Sharif submits that the appellant has become a big nuisance as exceeding his area, he even started doing his business on the pathway where those visiting the mazar sharif move.

10. Learned counsel for the appellant refutes the same and submits that he is limited to the area and shall be bringing on record a supplementary affidavit on this matter. The further submission is that to show his bonafide, he shall be filing Demand Draft of the rent from April 2015 till February 2026. The same has to be filed by Friday, 27.02.2026 failing which the application shall stand rejected without further reference to the Bench.

11. Learned counsel for the appellant submits that they shall be submitting Demand Draft in favour of Dargah Hazrat Shah Jalal Shaheed Waqf Es (Account No. 42206625359, State Bank of India, Niyojan Bhawan Branch, IFSC SBION0018815) for the rent from September, 2020 till February, 2026 in the office by Friday i.e. 27.02.2026. Once the Demand Draft is received in the office, the same be kept on record.

12. In case, the order passed is not complied and the matter accordingly stands dismissed, subsequently, the same be posted under the heading ‘To be Mentioned’.

13. Once the said Demand Draft is filed, office to take steps accordingly and keep it in the records of the present case.

14. Learned counsel for the appellant further submits that a Title Suit No. 06 of 2014 (Bihar State Sunni Wakf Board and Anr. vs. the State of Bihar through Chief Secretary and Ors.) which is presently pending but they are creating trouble to those doing business there.

15. He submits that in case