IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.1052 of 2025 ======================================================

Naushad Ali @ Bengali ... ... Appellant/s Versus The Chief Executive Officer, Bihar State Sunni Waqf Board ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Sajid Salim Khan, Sr. Advocate Mr.Asif Kalim, Advocate For the Respondent/s : Mr.Md. Helal Ahmad, Advocate For the Mazar Sharif : Mr. Syed Arshad Alam, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

3 24-02-2026 Learned counsel for the appellant prays for and is allowed to implead the Circle Officer, Sadar, Patna as respondent no.03 in course of the day.

2. Heard Sajid Salim Khan, learned Senior Counsel for the appellant, Mr. Syed Arshad Alam for the Management Committee of the Hazrat Shah Sayed Pir Murad Rahamtullah Allaih, near Patna High Court (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 for the following relief/s:

(i) against the order dated 18-11-2025, passed by the learned Bihar State Waqf Tribunal, Bihar at Patna in Eviction Application No-21/2019 (The Chief Executive Officer, Bihar State Sunni Waqf Board Vs Mahmood Alam & Another) whereby and where under Eviction Application No-21/2019 was allowed and Opposite Party/Appellant was directed to vacate the said Estate property within fourty five days from the date of affixture of the order.

I.A. No. 02 of 2026:

4. The aforesaid Interlocutory Application has been preferred for adding ‘the Mazar Committee’ as intervenor-

respondent in view of the fact that now they are heading it.

5. The appellant as also ‘the Waqf Board’ have no objection to it.

6. In that background, I.A. No. 02 of 2026 is allowed.

Let office do the needful to implead the intervenor-respondent as the respondent no.04 in the present case.

M.A. No. 1052 of 2025:

7. The matter relates to a piece of land in the Mazar Sharif Campus having the following details:

(i) khata no. 156;

(ii) kheshra no. 193 within the circle, Patna Sadar, Patna.

8. The contention of the appellant as put forward by the learned Senior Counsel is that he alongwith the family member is/are residing there since the year 1985 and with the help of the order-sheet of ‘the Waqf Tribunal’ shows that between the year 1971-2011, the rents were duly paid and thereafter also, though they stopped taking the rent, it was sent till the year 2020 when it was finally stopped.

9. His submission is that even on 17.08.2020, after the new committee came into existence, notice was sent with direction to make payment. He has taken this Court to the petition preferred by the Committee before the Chief Executive Officer, Waqf Board, Patna vide letter no. 113 dated 22.02.2019 and it clearly shows that to be related to one Md. Mahmood Alam, son of Late Ghulam Nabi Hasan @ Hasnu relating to khata no. 48, tauzi 34 and kheshra 194. However, how and under what circumstances, his case was taken up is not known.

10. Learned Senior Counsel 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.) is presently pending and when their title has still not been disposed of they are creating trouble to those residing inside.

11. The important question that has been put forward by the learned Senior Counsel is that if the appellant was inside ‘the Mazar’ for decades as a tenant:

“can he be declared as encroacher under section 54 of the Waqf Act, 1995 (henceforth for short ‘the Act’).

12. He further submits that in case, there has been violation and/or grievance relating to payment and/or they want to get it developed, the natural recourse is the Civil Court, Patna and in support of the said contention, a supplementary affidavit shall be filed.

13. Learned Senior Counsel for the appell