BIHAR STATE SHIA WAKF BOARD Vs. SHEONANDAN PRASAD

JUDGEMENT

(1.) I shall dispose of these three civil revision petitions by a common judgment as a common point of law arises for consideration in these petitions.

(2.) These matters relate to a property of the Bihar State Shia Wakf Board (hereinafter referred to as 'the Board'). In the present case, the Board (petitioner) sent a requisition to the Collector for a direction to obtain and deliver possession of the property to it under S.36B(1) of the Wakf Act 1954 (Act 29 of 1954) (hereinafter referred to as 'the Act'). The Collector under S.36B(2) of the Act directed the opposite party to deliver the property in question to the Board within a period of thirty days.

(3.) Opposite party No. 1, being aggrieved by the order of the Collector preferred an appeal before the District Judge. The Third Additional District Judge, Patna, set aside the order of the Collector on the ground that the land was transferred to opposite party No. 1 after obtaining prior sanction of the Board.