IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.1062 of 2025 ======================================================

Md. Sonu ... ... Appellant/s Versus The State of Bihar ... ... 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. 02 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’) 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 in Eviction Application No. 20 of 2019 by the learned Chairman Bihar State Waqf Tribunal, Patna whereby the learned Waqf Tribunal has directed the appellant to vacate the said Waqf Estate Property within 45 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 the Mazar Sharif Committee.

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.

7. Let office do the needful to implead the intervenor-

respondent.

M.A. No. 1062 of 2025

8. The case of the petitioner is that he is having tenancy right over a piece of land over Plot no. 194 (24ft. X 22 ft.) and till January 2026, he has made payment in the account and will continue to do so.

9. Learned counsel 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 having tenancy rights inside.

10. He further submits that in case, there is violation and/or grievance relating to payment and/or they want to get it developed, the natural recourse is Civil Court, Patna. He submits that the same shall be brought on record by way of supplementary affidavit.

11. The necessity to hear the matter today is that a notice was issued by the Circle Officer, Patna Sadar vide letter dated 21.02.2026 asking them to remove the encroachment failing which the same shall be forcibly removed on 24.02.2026 (today).

12. This Court has taken up M.A. No. 1052 of 2025 as the lead case and the parties have been directed to file their respective response(s) in the matter.

13. ‘The Mazar’ and ‘the Board’ shall be filing their respective reply after serving copy to the office of the learned counsel by 13.03.2026 who shall be filing reply to it, if any, by 20.03.2026. Learned counsel for the appellant undertakes to serve two copies to the office of the Advocate General today itself and receipt shall be filed in the office by tomorrow (25.02.2026) failing which this application shall stand rejected without further reference to the Bench.

14. In case, the order passed is not complied and the matter accordingly stands rejected, the same be posted under the heading "To be Mentioned".

15. The Circle Officer, Sadar, Patna shall also be filing reply in the matter.

16. Mr. Akash Chaturvedi, learned State counsel with the office of the SC-11 submits that he shall be informing the Circle Officer, Sadar, Patna regarding the present case as also the necessity of the filing of the affidavit by 20.03.2026.

17. The matter shall come up for hearing on 26.03.2026. 18. Till the next date of heari