WASIUR RAHMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Rajendra Narayan, learned senior advocate for the petitioner, Mr. Helal Ahmad, learned advocate appearing for Bihar State Sunni Waqf Board and Mr. Ashhar Mustafa, leaned advocate appearing on behalf of the respondent no. 10.

(2.) Being aggrieved by registration of the properties of Masjid Ahle Hadees situated at Mehsoul chowk, Thana No. 315, Tauzi No. 8287, Ward No. 22(old), Ward No. 28 (new), Sitamarhi in the Bihar State Sunni Waqf Board (for short "Board") on 20/12/2016 vide W.E. No. SI/2662 and consequent rejection of Waqf Appeal No. 01 of 2017 by the Bihar Waqf Tribunal (for short "Tribunal") vide judgment dtd. 11/9/2017, the instant writ petition has been filed by the petitioner under Article 226 of the constitution of India.

(3.) The petitioner no. 1 herein is Mutwali of W.E. No. 1052 whereas petitioner no. 2 is his brother-in-law. They have sought to challenge the impugned registration and judgment of the Tribunal on the ground that mosque, which has been registered in W.E. No. 2662, is actually part of W.E. No. 1052, which was earlier registered in the year 1961 on the basis of the waqfnama created by the great grand- father of petitioner no. 1 Late Sk. Haji Jan Ali in the year 1920.