Disposed¶25

Sami Ahmad @ Shafi Alam v. The State of Bihar

Patna HC3 Apr 2025CWJC/4691/2025

Case brief

AI extract

What is this about?

Patna High Court CWJC 4691 of 2025, decided 03-04-2025 by Nawneet Kumar Pandey, J. Petitioner claimed raiyati land (khata no. 320, plot nos. 138-139, mohalla Lodipur, Patna, area 152 dismill) donated to Bihar State Sunni Waqf Board by Abdul Mia s/o Salamat Mia; writ petition disposed with liberty/direction to approach Bihar Waqf Tribunal; Tribunal to decide claim on merits within six months; jurisdiction of Waqf Tribunal over waqf-property disputes.

What did the court decide?

No substantive relief granted by this Court; the petitioner is permitted to approach the Bihar Waqf Tribunal for redressal of his grievance, and any claim put forth there is to be decided on merit within six months, without being prejudiced by this order. ¶25

Sami Ahmad @ Shafi Alam Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Relief sought: whether the petitioner may regain the position of his own property being khata no. 320, plot nos. 138 and 139, mohalla Lodipur, Patna (P.S. Khajhkala), area 152 dismill, which he claims to be his raiyati land donated to the Bihar State Sunni Waqf Board by Abdul Mia son of Salamat Mia. +1 more

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Ratio / Principle

This writ petition is disposed of with the observation that the petitioner may approach the Bihar Waqf Tribunal for redressal of his grievance; the dispute over the property claimed to belong to the Waqf is thus to be pursued before the Waqf Tribunal and not decided in this writ jurisdiction.

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Key takeaways

If the petitioner puts forth his claim before the Bihar Waqf Tribunal, the same shall be decided on merit within a period of six months in accordance with law, without being prejudiced by this order.ratio¶26

Detailed headnote1 paragraphs

Sami Ahmad @ Shafi Alam v. The State of Bihar and others (Patna High Court, CWJC No. 4691 of 2025, oral order dated 03-04-2025, Nawneet Kumar Pandey, J.). The petitioner sought to regain the position of his own property, khata no. 320, plot nos. 138 and 139, mohalla Lodipur, Patna, area 152 dismill, claiming it to be his raiyati land which had been donated to the Bihar State Sunni Waqf Board by one Abdul Mia son of Salamat Mia. Counsel for the Waqf Board contended that a question whether a property belongs to the Waqf can only be decided by the tribunal. The writ petition was disposed of with the observation that the petitioner may approach the Bihar Waqqf Tribunal for redressal, with a direction that if the claim is put forth before the Tribunal it shall be decided on merit within six months in accordance with law, without being prejudiced by this order.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4691 of 2025

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

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Sami Ahmad @ Shafi Alam Son of Late Nazrull Hussain, Resident of Nawalpura Shiki Masjid, P.S.- Khyekale, P.S.- Jhauganj Patna City.

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... ... Petitioner/s

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Versus

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The State of Bihar through Chief Secretary, Bihar, Patna.

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The Chairman, Waqf Board, 2nd Floor- 34, Ali Imam Path, Harding Road, Patna.

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The Chief Secretary Department of Revenue, Bihar, Old Secretariat, Patna, P.S.- Sachivalay, Dist.- Patna.

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Senior Superintendent of Police, Patna, Dist.- Patna.

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The District Magistrate, Patna.

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The D.C.L.R., Patna City.

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C.O. (Circle Officer), Patna City, Gulzarbaag, Patna- 7.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Anand Prakash Prabhakar For the Respondent/s : Mr.Government Pleader 07 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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2 03-04-2025 Heard the parties.

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The writ petition has been filed by the petitioner for

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following relief:-

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“To regain the position of his own property being khata no. 320 plot no. 138, 139, situated at mohalla Lodipur Patna P.S. Khajhkala having the area 152 dismill bearing the boundary in north plot no. 131 in south plot no. 140 in east plot no. 138 and in west road about 40 feet wide.”

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Learned counsel for the petitioner claims the land

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in question to be his raiyati land, which has been donated to

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Patna High Court CWJC No.4691 of 2025(2) dt.03-04-2025 2/2

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Bihar State Sunni Waqf Board by one Abdul Mia son of Salamat Mia.

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On the other hand, learned counsel for Bihar State Sunni Waqf Board submits that whenever a question arises as to whether a property belongs to the Waqf or not, it can only be decided by the tribunal.

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This writ petition is disposed of with the observation that the petitioner may approach the Bihar Waqf Tribunal for redressal of his grievance.

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If the petitioner puts forth his claim before the Bihar Waqf Tribunal, the same shall be decided on merit within a period of six months in accordance with law, without being prejudiced by this order.

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(Nawneet Kumar Pandey, J)

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Nirmal/- U

Sami Ahmad @ Shafi Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sami Ahmad @ Shafi Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Parties & counsel

Coram

Case details

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