MD. ZAFAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for the State, learned counsel for the Union of India and learned counsel for the respondent no.6.

(2.) The present writ petition has been filed with the following reliefs which are as follows:-

(3.) Learned counsel for the petitioners submits that petitioners are the Mutwallis of a registered waqf situated at Jogbani in the district of Araria. He further submits that the proposal for acquisition of 3 acres of land under Revenue Village Bhairoganj was sent vide letter no.428 dtd. 17/12/2014 and again by letter dtd. 8/2/2017. The Commandant 45th BN. S.W.B., Birpur requested to District Magistrate for financial sanction to acquire 3 acres of land for Bop Tinkhamba. He also submits that respondent no.6, Bihar State Sunni Waqf Board by resolution dtd. 8/11/2019 sanction for acquisition of land in question was granted and communicated to the Collector by letter no.3911 dtd. 25/11/2019. The contention of the petitioner is that the Bihar State Sunni Waqf Board is no authority under law to make such sanction for acquisition of land in question as the present land belongs to the petitioners and registered as Waqf bearing Waqf No.AR/2768. Learned counsel further submits that the entire matter was raised before the Additional Collector and by the order passed by the Additional Collector dtd. 12/3/2021 the said Jamabandi was corrected. He submits that the said correction in the Jamabandi as has been made by the Additional Collector in respect of Bihar State Sunni Waqf Board is absolutely illegal and, therefore, by virtue of the present writ petition the petitioners have two fold prayer, the first to set-aside the order dtd. 12/3/2021 passed by the Additional Collector, Araria in Jamabandi Correction Case No.384 of 2001, about the correction in the Jamabandi and second to quash the notification under Sec. 11(i) of the Right of Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and the notification under Sec. 19 (1) of the said Act.