MD.MANZOOR ALAM, SON OF LATE MD.ZAFARUDDIN Vs. STATE OF BIHAR, THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT

JUDGEMENT

(1.) In this intra-court appeal, the challenge is to the order dated 31.8.2009 passed by the learned single Judge in C.W.J.C. No. 10948 of 2009.

(2.) On a perusal of the order, it transpires that the appellant invoked the inherent and extraordinary jurisdiction of this Court assailing the memo no. 1015-19 dated 3.4.1997 whereunder the Managing Committee of the Madarsa Anisul Husna, at/P.O. Salimpur, District Bhagalpur was reconstituted ignoring the provisions of the Wakf deed, which stipulates that the legal representatives of the donor would always be included. The learned single Judge has declined to interfere on the ground that though the reconstitution had taken place sometime in the year 1997, the writ application was filed in the year 2009.

(3.) Though, the learned single Judge has not interfered on the ground of doctrine of delay and laches, yet we are inclined to modify the order by stating that it is open to the appellant petitioner to seek redressal of his grievance by taking recourse to the Bihar State Madarsa Education Board Act, 1981, which provides for appeal against the order of re-constitution of the Managing Committee.