AMANAT ABBAS Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed in public interest challenging the notification (Annexure-1) dtd. 4/9/2015, constituting the Shia Wakf Board in the State of Bihar under the Wakf Act, 1995 (hereinafter referred to as the Act, 1995).

(2.) At the very outset, it is required to be noted that earlier the Division Bench of this Court observed that, prima facie, going through the counter affidavit filed on behalf of the respondent No. 4, it is seen that the petitioner, in the garb of this public interest litigation, is trying to ventilate his personal grudge and the grievance against the Wakf Board in question and, therefore, prima facie, the Bench was inclined to dismiss the present writ petition in view of the fact that the petitioner is canvassing his vested interest in the matter (earlier order dtd. 12/2/2018). However, thereafter vide order dtd. 23/3/2018, the Division Bench observed that the Court would like to exercise suo motu power to examine the constitution of the Board vis-a-vis its fulfillment of the statutory requirement. The Division Bench also further observed that the Court is not inclined to entertain any other question raised by the petitioner in the present petition. Therefore, the Court proposed to deal with the issue with respect to constitution of the Board vis-a-vis its fulfillment of its statutory requirement in exercise of suo motu powers. Therefore, the question for consideration of this Court is, the impugned notification dtd. 4/9/2015, constituting the Shia Wakf Board in the State of Bihar under the Wakf Act, 1995 inter alia on the ground that the same does not meet with the statutory requirement of the Wakf Act, 1995.

(3.) From the averments in the petition, it appears that it is the case of the petitioner that the constitution of the Shia Wakf Board in the State of Bihar vide notification (Annexure-1) dtd. 4/9/2015 is not in accordance with the requirement of the Sec. 14(1)(b) of the Wakf Act, 1995 (hereinafter referred to as the Act, 1995.).