MANAGING COMMITTEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) I.A.No. 3034 of 2010 has been filed on behalf of two persons, namely, Suresh Anand Malakar and Dipak Kumar for impleading them as respondents in the instant writ petition claiming to be the members of Dukandar Sangh, having their shops, selling Agarbatti and flowers to the devotes, in the premises of the Wakf Estate No. 663 (hereinafter referred to as "the Wakf Estate? for the sake of brevity) and to be well acquainted with the internal affairs and mismanagement of the fund and other illegal activities of petitioner-Managing Committee, Hazrat Shah Syed Peer Murad Rahmatullah Allaih (hereinafter referred to as "the Managing Committee? for the sake of brevity) for one and a half decade even violating the directions of the Bihar State Sunni Wakf Board, Patna (hereinafter referred to as "the Board? for the sake of brevity). The main ground in the instant writ petition being the interpretation of various provisions of the Wakf Act, 1995 (hereinafter referred to as "the Act? for the sake of brevity), this Court does not find any justification to implead the said shop keepers as intervener-respondents to this writ petition and, accordingly, I.A.No.3034 of 2010 is rejected.

(2.) Learned counsel for the petitioner-Managing Committee and learned counsel for the Board and its authorities as well as learned counsel for the State of Bihar have already been heard at length and today the matter is posted "For Orders?.

(3.) This writ petition has been filed by petitioner Managing Committee challenging resolution of the Board dated 13.6.2010 issued vide office order dated 28.6.2010 (Annexure 1) under the signature of its Chief Executive Officer (respondent no.3), taking direct control of the management of the Wakf Estate under section 65 of the Act, without giving any show cause notice to the petitioner, which is the Managing Committee of the Wakf Estate and adhering to the principle of audi alteram partem. The petitioner has also sought a direction to the Board to refrain from interfering with the smooth functioning of petitioner-Managing Committee.