IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3130 of 2019

In

CIVIL REVIEW No.350 of 2018

======================================================

1.

Noor Ahmad S/o Late Gholam Moinuddin, R/o. Pali Road, Tirpal Company,

P.O. and P.S.- Dehri-On- Sone, District- Rohtas.

2.

Md. Ziauddin S/o Late Gholam Moinuddin, R/o Pali Road, Tirpal Company,

P.O. and P.S.-Dehri-on-Sone, District-Rohtas.

... ... Petitioner/s

Versus

1.

The Bihar State Sunni Waqf Board 34,Ali Imam Path (Hardinge Road), Haj

Bhawan, Patna, through the Chairman.

2.

The Chairman, Bihar State Sunni Waqf Board, 34, Ali Imam Path (Hardinge

Road), Haj Bhawan, Patna.

3.

The Executive Officer, Bihar State Sunni Waqf Board, 34, Ali Imam Path

(Hardinge Road), Haj Bhawan, Patna.

4.

The District Magistrate, Rohtas

5.

The S.D.O. Sadar, Rohtas

6.

Janab Umar Farooque S/o Late Gholam Moinuddin, R/o Pali Road, Tirpal

Company, P.O. and P.S.-Dehri-on-Sone, District-Rohtas.

7.

Janab Shahnawaz Late Gholam Moinuddin, R/o Pali Road, Tirpal Company,

P. O. and P.S.-Dehri-on-Sone, District-Rohtas.

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Ms. Archana Jha, Advocate

For the Opposite Party-State:

Mr. Sunil Kumar Mandal, SC-3

Mr. Bipin Kumar, AC to SC-3

For opposite party

:

Mr. Helal Ahmad, Advocate

======================================================

CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH

ORAL JUDGMENT

Date : 06-07-2022

This application has been filed for restoration of

Civil Review No.350 of 2018 (arising out of CWJC No.7424 of

2017), which was dismissed for want of prosecution on

24.07.2019.

2.

The petitioners had filed CWJC No.7424 of

Patna High Court MJC No.3130 of 2019 dt.06-07-2022

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2017 seeking following reliefs :-

“(I) For quashing of order contained in

memo no.857 dated 03.04.2017 issued by the

Chief Executive Officer, Bihar State Sunni

Wakf Board (hereinafter referred to as the

Board) while communicating the decision of the

Board contained in Supplementary Resolution

no.08 dated 16.03.2017 appointing Janab Umar

Farooque S/o. Late Ghulam Moinuddin Sb. as

Mutawalli and Janab Shahnawaz Sb. S/o. Late

Ghulam Moinuddin Sb. as Joint Mutawalli of S.

K. Noor Mohammad Wafk Estate No.1547,

Dehri-on-Sone, District-Rohtas, has asked the

petitioners who are Joint Mutawallis (vide letter

dated 08.07.1999 and memo no.1277 dated

24.07.1999) to hand over charge to Janab Umar

Farooque Mutawalli and Janab Shanawaz Sb.

Joint Mutawalli without being removed from

their plots by any Resolution of the Board.

(II)

For holding and declaring the order

of Chief Executive Officer, Bihar State Sunni

Wakf Board contained in memo no.857 dated

Patna High Court MJC No.3130 of 2019 dt.06-07-2022

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03.04.2017 asking the petitioners to hand over

of charge by the petitioners to be wholly

without jurisdiction and contrary to the

provisions of the Wakf Act, 1995.

(III)

For

also

quashing

of

Supplementary Resolution no.08 dated

16.03.2017 by which Bihar State Sunni Wakf

Board has appointed Janab Umar Farooque S/o.

Ghulam Moinuddin Sb. as Mutawalli and Janab

Shahnawaz Sb. S/o Late Ghulam Moinuddin

Sb. as Joint Mutawalli of S. K. Noor

Mohammad Wakf Estate No.1545, Dehri-on-

Sone, District-Rohtas.

(IV)

Further for direction to the

Respondent-Bihar State Sunni Wakf Board not

to interfere in the smooth working of the

petitioners as Joint Mutawalli of S.K. Noor

Mohammad Waqf Estate No.1545, Dehri-on-

Sone, District- Rohtas.

(V)

For any other appropriate

relief/reliefs to which the petitioner is found

entitled in the facts and circumstances of this

Patna High Court MJC No.3130 of 2019 dt.06-07-2022

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case.”

3.

It would be evident from the order dated

16.11.2017 passed in CWJC No.7424 of 2017 that after some

arguments, counsel for the petitioners sought leave to withdraw

the application which wa