SABZIBAGH, P.S.PIRBAHORE Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State. Interlocutory Application No. 4510 of 2007 has been filed to bring the legal heirs indicated in paragraph no. 2 to the petition on record on the death of respondent no. 5, namely, Md. Ahsan @ Nanhu Mian.

(2.) INTERLOCUTORY Application No. 4510 of 2007 is allowed. Let the legal heirs be brought on record.

(3.) PETITIONER is seeking quashing of the order dated 19.4.1991, Bihar State Sunni Waqf Board, respondent no. 4, the order has the effect of the petitioners Waqf property to be de -registered and corresponding amendment in the register of the Waqf Board to be made under Section 28 of the Waqf Act, 1954. Submission of learned counsel appearing In support of the writ application is that the action of the respondents in this regard is de hors the power under the Act more so, the provision of Sections 27 and 28 of the Waqf Act. Once the property is duly registered as a waqf property then the nature of the property cannot be altered while exercising power under Sections 27 and 28, unless a declaration is issued by a court of competent jurisdiction on a dispute raised by the concerned parties.