BIHAR STATE SHIA WAKF BOARD Vs. THE SECRETARY, MINORITY WELFARE DEPT., GOVT. OF BIHAR, OLD SECRETARIAT, PATNA AND ORS.

JUDGEMENT

(1.) This writ petition has been filed to question the judgment and order dated 19.10.2011 passed by the Bihar Wakf Tribunal, Patna (hereinafter referred to as the 'Tribunal) in Title Suit No. 10 of 2011, whereby the suit has been dismissed on maintainability as according to the learned 'Tribunal' the issue raised was hit on the principle of res-judicata and in the nature of the relief prayed, the 'Tribunal' had no jurisdiction to hear or decide the suit.

(2.) It is during the pendency of the writ petition that the defendant no. 1 before the 'Tribunal' Syed Faiz Murtaza Ali who is respondent no. 2 herein deceased and was substituted by Syed Abid Imam vide order passed on 21.8.2014 and who also deceased on 27.1.2017. While interlocutory application bearing I.A. No. 1988 of 2017 has been filed by the plaintiff-petitioner to expunge his name, I.A. No. 2352 of 2017 has been filed by one Syed Shahid Imam seeking intervention in the proceedings who while informing that the substituted respondent no. 2, Syed Abid Imam died on 27.1.2016 informs that before his death he was Mutawalli of Block 'A of Hasan Imam Wakf Estate.

(3.) Mr. Raghib Ahsan, learned senior counsel has appeared for the petitioner along with Mr. Iqbal Asif Niazi. While the respondent no. 1 is represented by the learned Government Counsel, the respondent no. 2 is represented by Mr. Khatim Reza, Advocate, the respondent no. 3 is represented by Mr. Sanjay Singh, learned Advocate who appears along with Mr. Uma Kant Prasad and the respondent no. 4 is represented by Mr. Sanjay Prakash Verma, learned Advocate.