RAJA PARSAUNI Vs. MAHRUKH KHAN

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) This Civil Revision Application has been filed against the order dtd. 17/8/2022 passed in Miscellaneous Case No.16 of 2022 by the learned Bihar State Waqf Tribunal, Patna (in short 'Tribunal') whereby the preliminary objections over maintainability and admissibility filed by the petitioner has been rejected and the case has been admitted for hearing on merit.

(3.) The brief facts of the case are that Raja Md.Yaquf Khan was the landlord of the then Parsauni Estate, who created a waqf through a deed dtd. 27/1/1934 which was registered with the Bihar State Sunni Waqf Board (in short 'Board') vide Waqf Estate No.726. At the time of execution of the deed of waqf, wakif Raja Yaqub Khan became the first Mutawalli of the Waqf Estate and after his death, his eldest son Babu Salahuddin Haider Khan was appointed as Mutawalli of the Waqf Estate. Later on, Dr. Najmuddin Haider Khan became Mutawalli and died on 27/10/2011 leaving behind opposite party no.2 as daughter and opposite party no.1 as widow. The Board appointed Tarique Anis Khan as permanent Mutawalli of petitioner i.e. Raja Parsauni Waqf Estate No.726 on 20/6/2013. The dispute then arose. The Chief Executive Officer of the Board directed the opposite party no.1 to hand over the key of two rooms to the petitioner (Mutawalli) on 20/12/2013. The opposite parties against the said orders dtd. 20/12/2013 and 20/6/2013 regarding appointment of Tarique Anis Khan as Mutawalli filed C.W.J.C. No.5368 of 2014 before this Court, which was disposed of with liberty to move before the Board vide order dtd. 25/8/2017. The Chairman of the Board vide order dtd. 21/3/2018 rejected the petition of the opposite parties and directed them to open two rooms situated in the waqf properties. The said order was communicated to the opposite parties by the Chief Executive Officer of the Board vide his letter dtd. 27/3/2018 with direction to comply the order passed by the Chairman. The opposite parties challenged the said order dtd. 21/3/2018 vide C.W.J.C. No.10760 of 2018 claiming that those two rooms are not the property of the Waqf Estate rather they are situated on the private land of the opposite parties.