MANZAR HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) From the judgments and orders annexed with the supplementary affidavit filed on behalf of the petitioner, particularly, from order of Division Bench dated 29.3.2004 passed in LPA No. 1132/2003 contained in Annexure-15, it transpires that after the petitioner succeeded not only before the Collector exercising power under the Wakf Act but also up to the Supreme Court, he had to struggle for getting the order of Collector passed on 9.6.2000 in Misc. Case No. 55/1995 (Annexure-12) executed. Ultimately, a Division Bench of this court by order contained in Annexure-15 directed that if there is any direction of the Collector in Misc. Case No. 55/1995, the Sub-Divisional Officer shall comply with the same if already not complied, within a period of two months from the date of receipt/production of a copy of that order.

(2.) From the show cause filed on behalf of District Magistrate, Saran, Chapra, opposite party no. 4, it appears that the opposite parties tried to hand over the possession of concerned Wakf property to the Mutwalli, the petitioner, in view of order of the Collector dated 9.6.2000 which has been annexed as Annexure-A to the show cause but according, to the authorities, the petitioner declined to take possession on 25.9.2006. In support of such action a memorandum appears to have been prepared by the Sub-Divisional Officer, Chapra which is annexed as Annexure-B.

(3.) On behalf of the petitioner a reply to the show cause has been filed to which he has annexed letters written by him to the Sub-Divisional Officer, Sadar, Chapra on 24.9.2006 (Annexure-23) and another letter dated 25.9.2006 (Annexure-23/A). From the letter dated 25.9.2006 it is evident that petitioner declined to take symbolic possession of the premises because the authorities had not evicted the unauthorized occupants from the said premises ignoring the earlier orders passed by the Collector according to which a mortgage created by a predecessor Mutwalli was found to be against law and beyond the powers of the Mutwalli and hence, direction had been issued by the Collector to hand over possession of the concerned property to the present Mutwalli within one month of the order dated 9.6.2000. A perusal of that order shows that some persons had intervened on the basis of alleged rights derived from the mortgagee but the Collector found no substance in their claim and held that those claims had been raised with a view to maintain possession over the property by any means.