IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.795 of 2025 In CIVIL REVISION No.112 of 2025 ======================================================

National Highways Authority of India through Project Director PIU Patna With its office at Project Implementation Unit, Patna, Shivpuram, Sainik Colony, Near Hanuman Mandir, Gola Road, Danapur, Patna- 801503.

... ... Appellant/s Versus

1. Syed Mohammad Masood Jawed S/o Late Md. Abul Kalam Near Masjid, resident of village- Shahpur Baghauni, Police Station- Vani, District-

Samastipur.

2. Md. Zafar Ahsan, S/o Late Md. Yusuf R/o Ward No.- 2, village- Shahpur Baghauni, Police Station- Vani, District- Samastipur.

3. Md. Shahzad Ahmad, S/o Late Md. Sadul Hassan at P.O.- Razwa, Police Station- NH Bangda, District- Samastipur.

4. The Bihar State Sunni Waqf Board, through its Chief Executive Officer, 34, Haj Bhawan, Harding Road, Patna.

5. The Chairman, the Bihar State Sunni Waqf Board, Haj Bhawan, Harding Road, Patna.

6. The Chief Executive Officer, The Bihar State Sunni Waqf Board through its Chairman, Haj Bhawan, 34, Harding Road, Patna.

7. The District Magistrate, Samastipur.

8. The Land Acquisition Officer, Samastipur.

9. The Circle Officer, Anchal Office, Tajpur Block, District- Samastipur.

10. The Union of India, x

11. Md. Sattar Perwaiz X X ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Maurya Vijay Chandra, Advocate Mr. Gaurav Govinda, Advocate Ms. Preety Ranjan, Advocate Mr. Om Sandliya, Advocate Mr. Barun Jha, Advocate For the Union of India : Mr. Ram Tujabh Singh, CGC For the State : Mr. Vivek Prasad, GP-7 Mr. Sanjayy Kumar, AC to GP-7 Ms. Roona, AC to GP-7 For Respondent Nos. 4 to 6: Mr. Md. Helal Ahmad, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI

CAV JUDGMENT

Date: 17-03-2026

1. The instant Miscellaneous Appeal under Section

83(9) of the Waqf Act, 1995, read with the Waqf (Amendment) Act, 2025 and Section 151 of the Code of Civil Procedure, 1908, challenges an order, dated 15^th of May, 2025, passed by the Bihar State Waqf Tribunal, Patna in Miscellaneous Case No. 24 of 2022, whereby and whereunder, the learned Presiding Officer of the Waqf Tribunal passed an order of injunction, restraining the National Highways Authority of India (hereinafter referred to “NHAI” for short) from carrying out any construction of national highway on Plot Nos. 2886 (Kabristan), 3092 (Kabristan), 2963 (Masjid) in Shahpur Baghanui Mauza and Plot Nos. 2502(Masjid), 2504 (Kabristan) of Mohiuddinpur Rajwa Mauza in the district of Samastipur on the following questions of law:

(a) Before acquisition of the above numbered plots in question by the NHAI, no notice was served upon the Waqf Board as contemplated under Section 91 of the Waqf Act or Section 9(3)

and 10 of the Land Acquisition Act;

(b) The acquisition in question is contrary to the instructions issued by the Government of India in Manual of 2018 as well as against the provisions of the Waqf Act, 1995; and (c) National Highway Authorities Act and the procedure of acquisition of land laid down in the said Act is not applicable in case of acquisition of land being the Waqf property. So the entire acquisition and subsequent action on the part of the respondents are illegal, without jurisdiction and violative of the provisions of the Waqf Act.

2. Upon an application filed by the Private Respondent, the Bihar State Waqf Tribunal passed the following order in Miscellaneous Case No. 24 of 2022 on 15^th of May, 2025: -

“The land acquisition process in respect of Plot Nos. 2886 (Kabristan), 3092 (Kabristan), 2963 (Masjid) in Shahpur Baghanui Mauza and Plot Nos. 2502 (Masjid) and 2504 (Kabristan) of Mohiuddinpur Rajwa Mauza in the district of Samastipur is not in accordance with law and, therefore, construction activity being carried out by the NHAI is stayed. It is also clarified that the order of Stay is only operational on the abo