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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 15th 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 15th 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 above-mentioned lands and operation of land belonging to those Khesras, which are related to Maszid and/or Kabristan.”

3. The Tribunal also directed the DLAO and the District Magistrate to take all endeavours, following the provisions of Waqf Act, while acquiring any Waqf property and inform the Tribunal, so that order of stay may be vacated on the construction work.

4. The contesting Private Respondents took part in the argument of the instant Appeal.

5, This Court has heard the learned counsels for the appellant as well as the Waqf Board and the Private Respondents.

6. The learned Advocate for the appellant, at the outset, refers to the provisions, contained in Section 83 of the Waqf Act, 1995, which deals with the constitution and jurisdiction of Tribunals. Section 83 of the said Act runs thus: -

83. Constitution of Tribunals, etc.— (1) The State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a waqf or waqf property, eviction of a tenant or determination of rights and obligations of the lessor and the lessee of such property, under this Act and define the local limits and jurisdiction of such Tribunals.

(2)Any mutawalli person interested in a waqf or any other person aggrieved by an order made under this Act, or rules made thereunder, may make an application within the time specified in this Act or where no such time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the waqf.

(3)Where any application made under sub-section (1) relates to any waqf property which falls within the territorial limits of the jurisdic