High CourtsDivision Bench(2020) 12 PAT CK 0271

Mirza Wasim Haider vs State Of Bihar And Ors

Patna High Court · Decided on 1 December 2020

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 12301 Of 2018

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Judgment

17 paragraphs · 308 words

Petitioner has prayed for the following relief(s):

“A) For quashing the notification of Minority Welfare Department, Government of Bihar in exercise of its power U/s 14(i)(B) of Wakf Act-1995

as contained in No. 02-01 Shia-11/2015-1336 dated 04.09.2015 issued by Amir Subhani, Principal Secretary to the Government of Bihar whereby and

whereunder respondent no. 3 to 9 have been notified to have been appointed as members of Bihar State Shia Wakf Board constituted U/s 14((9) of

the Wakf Act 1995.

B) For quashing the notice as contained in 02-01/Shia-11/2015-58 dated 04/09/2015 issued by Principal Secretary to Government of Bihar Department

of Minority Welfare, authorized officer to conduct election with the newly appointed Member State Shia Wakf Board to participate in the meeting

convened on 11/09/2015 at 2.30 P.M. for the election of the Chairman of Bihar State Shia Wakf Board U/s 14(8) of the Wakf Act, 1995.

C) For quashing the subsequent proceeding dated 11/09/2015 at 2.30 P.M. where under Sri Irshad Ali Azad, respondent no. 5 has been declared

elected as Chairman of newly constituted Bihar State Shia Wakf Board who had secured 4 Votes out of total 7 Votes and rest 3 votes went to runny

candidate Syed Ghulam Hussain, respondent No. 3.â€​

Despite repeated calls, none has entered appearance on behalf of the petitioner. We find that the petitioner has laid challenge to the constitution of the

Board vide a notification dated 4th of September, 2015 and, as such, with the passage of time, the present petition to have become infructuous.

As such, petition is disposed of.

Liberty is reserved to the writ petitioner to agitate the surviving grievances, if any, before the appropriate authorities or file a fresh petition in

accordance with law on the same and subsequent cause of action, if so required and desired.

Interlocutory application, if any, shall also stand disposed of.