S.M. ATIQUE AHSAN , SON OF LATE ABRAR HASSAN, RESIDENT OF SHAH MARKET, KHALIFA BAGH, POLICE STATION KOTWALI, DISTRICT BHAGALPUR, AT PRESENT R/O MOHALLA MILKI MOHALLA, PS ARA TOWN, DISTRICT BHAGALPUR Vs. THE STATE OF BIHAR THROUGH SECRETARY, MINORITY WELFARE, GOVT. OF BIHAR, PATNA

JUDGEMENT

(1.) Heard Mr. Nadim Seraj, learned Advocate for the petitioner, learned Assistant Counsel to Standing Counsel no. 25, and Mr. Rashid Izhar for the Bihar State Sunni Waqf Board (hereinafter referred to as the 'Board’).

(2.) This writ petition has been filed by the petitioner for the following reliefs:-

(3.) The claim of the petitioner is that he had earlier filed CWJC No. 231 of 2004 for being appointed as Mutawalli of Syed Shah Enayat Hussain Waqf Estate, Khalifabagh, Bhagalpur (hereinafter referred to as the 'Waqf Estate’), which is a registered waqf bearing no. 159 with the Board. CWJC No. 231 of 2004 was disposed off on 30.7.2004 with the direction to take a decision in that regard on the representation of the petitioner, if already not taken, within three months from the date of receipt/production of a copy of the order. From the pleadings it appears that pursuant to the order dated 30.7.2004 (Annexure-1 to the writ petition) the Chairman of the Board by order dated 31.12.2004 has disposed off the representation filed by the petitioner and held that the claim of the writ petitioner to the post of Mutawalli is not tenable.