WAHIDUL HAQUE WAKF ESTATE Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed for quashing the order of the State Government communicated by letter No. 1742/Ra. dated 18-9-1990 of the Revenue & Land Reforms Department rejecting the claim of the petitioner for exemption under Section 29 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (in short 'the Act').

(2.) The case of the petitioner is that it is a Wakf created for religious and charitable object comprising of several religious institutions situated at village Bhadaur, Barh, in the District of Patna. It is registered with the Bihar State Sunni Wakf Board as Wakf No. 273. It is managed by a motwalli entitled to 4 annas share from the wakf property. The present incumbent is Syed Reyaz Ahsan through whom the petitioner has been filed. The wakf was created by one Wahidul Haque by registered instrument dated 20-1-1931 for the maintenance and upkeep of two mosques one situated at village Bhadaur and the other at village Gorhiari, and a Madarsa, besides certain other religious and charitable objects out of the income of the wakf properties comprising 59.37 acres of class IV lands of khata Nos. 30, 33 and 43 at village Pitaunjia and khata No. 115 of village Andauli in the District of Patna. The first motwalli was the Wakif himself. After his death his daughter Bibi Noor Jahan became the motwalli.a according to the terms of the Wakf deed. After her death, Bibi Zainab, the issuless widow of Wahidul Heque, became the motwallia and thereafter, the present incumbent i.e. Syed Reyaz Ahsan was appointed in 1977.

(3.) The further case of the petitioner is that during Motwalliship of Bibi Zainab a proceeding being Ceiling Case No. 46 of 1975-76 was initiated before the Deputy Collector Land Reforms (DCLR) Barh, in which on 29-5-1976 vide Draft statement under Section 10 (2) of the Act, 29.18 acres (elsewhere mentioned as 29.37 acres) of Class IV land was declared surplus allowing one unit i.e. equivalent to 30 acres of Class IV land to the landholder. No objection was filed to the Draft statement and in the circumstances on 20-7-1976 the Collector confirmed the Draft. In 1977 when Syed Reyaz Ahsan was appointed Motwalli by the Wakf Board. Having come to know about the above said proceeding and the orders passed therein he got a revision filed by the Wakf Board being Case No. 402 of 1978 in the Board of Revenue: By order dated 26-12-1979 the revision was allowed and the matter was remitted back to the DCLR for fresh inquiry in the light of the observations made therein. The case of the petitioner is that on remand the DCLR Barh recommended exemption of land in terms of Section 29 (2) of the Act. The Collector, Patna forwarded the recommendation to the State Government. On 10-1-1986 the Revenue Department returned the proposal on the ground that there was no recommendation by the Collector of the district. Thereafter, the Collector, Patna got an inquiry made by the Additional Collector on 2-8-1989. The Additional Collector too recommended the petitioner's case for exemption. The Collector concurred in the recommendation. However, the State Government rejected the proposal by the impugned letter dated 18-9-1990 referred to above.