Disposed

Nawab Hussain v. The State of Bihar

Patna HC8 Oct 2024CWJC/15435/2024

Case brief

AI extract

What is this about?

Petition challenged constitution of the managing committee of Soghra Waqf Higher Secondary School and sought early disposal of a pending case before the Bihar State Waqf Tribunal. With counsel's concession, the court disposed of the writ petition directing the Tribunal to take up Misc./Waqf Case No.19 of 2023 within three weeks of the new Chairman assuming office.

What did the court decide?

Direction to Bihar State Waqf Tribunal to dispose Waqf/Misc Case No.19 of 2023 within three weeks of new Chairman's assumption of office, concluding within four months if possible.

Nawab Hussain Vs The State of Bihar — Writ and Judicial Review | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Civil Writ Jurisdiction Case No.15435 of 2024

¶3

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

¶4

Nawab Hussain Son of Late Abdur Rahman, Resident of Mohalla-Kagzi, P.S.Biharsharif Town, District-Nalanda at Biharsharif. ... ... Petitioner/s

¶5

Versus

¶6

1. The State of Bihar through Secretary, Minority Welfare Department, Government of Bihar, Main/Old Secretariat, Patna-800015.

¶7

The Secretary, Minority Welfare Department, Government of Bihar, Main/Old Secretariat, Patna-800015.

¶8

The Bihar State Sunni Waqf Board, Bihar Patna through its Chief Executive Officer, Haj Bhawan, 34-Ali Imam Path, Harding Road, District-Patna.

¶9

The Chief Executive Officer, Bihar State Sunni Waqf Board, Haj Bhawan, 34-Ali Imam Path, Harding Road, District-Patna.

¶10

The Sub Divisional Officer, Nalanda, Nalanda Collectoriate, Nalanda at Biharsharif.

¶11

The District Waqf Nodal Officer, Nalanda Collectoriate, Nalanda at Biharsharif.

¶12

The President, Soghra School, Biharsharif cum Sub Divisional Officer, Nalanda, Nalanda Collectoriate, Nalanda at Biharsharif.

¶13

Soghra School (a Waqf Institution under Soghra Wats Estate Biharsharif) through the Principal of Soghra School, Mohalla-Pakki Talab (Ranchi RoadGagan Diwan), P.S.-Biharsharif Town, District-Nalanda at Biharsharif.

¶14

The Principal, Soghra School (a Waqf Institution under Soghra Waqf Estate, Biharsharif) Mohalla-Pakki Talab (Ranchi Road-Gagan Diwan), P.S.Biharsharif Town, District-Nalanda at Biharsharif.

¶15

The Muttawalli, Soghra Waqf Estate, Office at Mohalla-Laheri, Biharsharif Town, P.S.-Laheri, District-Nalanda at Biharsharif.

¶16

Sultan Ansari, presently nominated President, Soghra School, Biharsharif cum Sub Divisional Officer, Nalanda, Nalanda Collectoriate, Nalanda at Biharhsharif.

¶17

Syed Shah Saifuddin Firdausi, Member, Bihar State Sunni Waqf Board, Haj Bhawan, 34-Ali Imam Path, Harding Road, District-Patna.

¶18

... ... Respondent/s

¶19

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

¶20

Appearance : For the Petitioner/s : Mr.Adil Abbas, Advocate For the Respondent/s : Mr. Sunil Kumar Mandal, SC (3) Mr. Bipin Kumar, Act to SC-3 ======================================================

¶21

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

¶22

2 08-10-2024 Heard Mr. Rashid Izhar, learned counsel for the petitioner duly assisted by Adil Abbas, learned counsel for the petitioner as also Md. Helal Ahmad representing the

¶23

Patna High Court CWJC No.15435 of 2024(2) dt.08-10-2024 2/5

¶24

respondents beside the State.

¶25

The present writ petition has been preferred for the following relief(s):

¶26

(i) issuance of Writ or Writs in the nature of certiorari Quashing the order dated 28.08.2022 part ( ख ) of the Order / Resolution of the Soghra Waqf Estate whereby contrary to the

¶27

mandate of the Byelaws/Constitution of the Sogra School for the establishment and management of the Soghra School which is at the whim and in contravention of the procedure established under law;

¶28

(ii) issuance of Writ or Writs in the nature of Certiorari letter dated 05.06.2022 whereby it is informed that the Committee of the School is formed by the Nomination of the socalled President of the Soghra Waqf Estate against the mandate of the

¶29

Patna High Court CWJC No.15435 of 2024(2) dt.08-10-2024

¶30

3/5

¶31

Constitution of the Soghra Waqf Higher Secondary School/Bye-laws of the School;

¶32

(iii) issuance of suitable writ for setting aside the Constitution of the Managing Committee of the Soghra Waqf Higher Secondary School and holding that all the acts and functions of the present Newly Constituted Managing Committee of the Soghra Waqf High Secondary School is a nullity and will be the person financial responsibility of the Respondent No. 5 and 10;

¶33

(iv) issuance of Writ or Writs in the nature of Mandamus commanding the Respondents to maintain status quo upon the appointment of Assistant Teachers in the Soghra High School / Inter School, Bihar Sharif;

¶34

(v) issuance of Writ or Writs in the

¶35

Patna High Court CWJC No.15435 of 2024(2) dt.08-10-2024

¶36

4/5

¶37

nature of mandamus commanding the Respondent Board to prohibit the Respondent No. 10 from functioning as the President of Soghra College (a unit of Soghra Waqf Estate No. 2, Biharsharif);

¶38

(vi) issuance of Writ or Writs in the nature of mandamus alternatively commanding the Learned Chairman of the Bihar State Waqf Tribunal, Patna to dispose the Misc Case No. 19 of 2023 on day to day basis, within time bound manner as the matter involves the public interest at large and the Respondents are working against the interest of the Waqf Estate No. 02/ Biharsharif under the shielding of the Respondent Board;

¶39

(vii) grant any other relief or reliefs to which the Petitioners may be found entitled to in the facts and

¶40

Patna High Court CWJC No.15435 of 2024(2) dt.08-10-2024 5/5

¶41

circumstances of this case.

¶42

Learned counsel for the petitioner submits that

¶43

Misc. Case No. 19 of 2023 is continuing since long without being taken to its logical conclusion.

¶44

As such, after some argument, learned counsel wants early disposal of Misc. Case no. 19 of 2023 pending before the Bihar State Waqf Tribunal, Patna.

¶45

He however, concede that recently the post of the Chairman of the Tribunal has become vacant and it will suffice if a direction is given that the same is taken up and dispose of once the new Chairman comes in.

¶46

Appreciating the stand of all the parties, the writ petition stands disposed of with a direction to the Bihar State Waqf Tribunal, Patna to take up the Waqf Appeal No. 19 of 2023 within three weeks from the date new Chairman assumes office and the same shall be taken to its logical conclusions maximum within four months from the date of first hearing, if possible, preferably on day to day basis.

¶47

The writ petition stands disposed of.

¶48

(Rajiv Roy, J)

¶49

Ravi/- U

Nawab Hussain v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nawab Hussain v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Surya Pratap Singh Vs The State of Bihar

Mahendra Paswan @ Mahendra Pal Singh Vs The State of Bihar

Anuja Sinha and Ors. Vs The State Of Bihar and Ors.

Dharni Dhar Road Nagar Nigam Market Kirayadar Sangh, Vs The State of Bihar

Smt. Sudha Devi Vs The State of Bihar

Md. Mushtaque @ Md. Mustak Vs The State of Bihar