(1.) In the present writ application the petitioner, who claims to be appointed as Mutwalli of the Waqf State situated at Mohalla Muradpur, P.S Pirbahore, P.O. Backipur, Patna created under the Wakf Deed executed by one Bibi Mannu Khanam Jan, prays for quashing of the order dated 6-10-1988 passed by the Special Officer, Bihar State Sunni Wakf Board. Patna (hereinafter referred to as 'the Board'), a ptoto copy where of has been annexed as Annexure '1' and, further, he has also sought for his appointment as Mutwalli of the said Wakf State.
(2.) In short, the case of the petitioner is that the aforementioned Wakf was created by existing Ekrarnama on 20th August, 1827., It is slated that the original wakf deed was in Persain language and the Bihar Sunni Majlis and Wakf published an English translated version of the same. A photo stat copy of the English translated version of the Deed has been annexed as Annexure 2. According to the petitioner the executant of the Deed appointed her husband Sheikh Azmatullah together with his children generation after generation both in the male and famele lines as Motwalli of Mosque and Imambara and properties of the wakf dedicated to the Almighty. It is stated that the said wakf was registered as Wakf Estate No. 15 and that Sheikh Gulam Bari was the last Motwalli of the aforesaid wakf in the line of Sheikh Azmatullah. The petitioner is the second son of the last Motwalli Sheikh Gulambari.
(3.) While disposing of the writ application this Court specifically directed the concerned authority that he should examine whether the petitioner falls in the line of succession of the wakif and if he falls, then whether he is suitable to be appointed as Motwalli or not It was made clear by their Lordships that if he is found suitable, then in terms of the wishes of the wakif his case should be considered, but if he is not found suitable, he cannot be appointed as Motwalli. Their Lordships also directed that the reasons for the view which the authority takes, should be assigned by him.