High Court Patna High Court - Orders

The Managing Committee,Yateem vs The State Of Bihar &Amp; Ors on 27 August, 2010

Patna High Court – Orders
The Managing Committee,Yateem vs The State Of Bihar &Amp; Ors on 27 August, 2010
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CWJC No.10948 of 2010
                     THE MANAGING COMMITTEE,YATEEM
                                       Versus
                           THE STATE OF BIHAR & ORS
                                     -----------

4 27.8.2010 The Bihar State Sunni Waqf Board constituted a

committee to manage Yatim Khana Anjuman Khadimul Islam,

waqf estate no. 25, Kashmiri Kothi, Patna City. This order, dated

8.7.2010 has been withdrawn by a resolution of the Waqf Board

passed on 14.8.2010 and an order has been issued reconstituting

the committee for the management of Waqf Estate Nos. 25 and

2525/25. This committee has been constituted without removing

the Motawalli or issuing any show cause to him which would

indicate the reasons why the Board was dissatisfied with the

functioning of the Motawalli.

List this case for admission on 7.9.2010 in the same

list i.e. fresh cases.

In the mean time counsel for the Board may obtain

instructions and file a detailed counter affidavit in this case

indicating the reasons for issuing a letter by which a Managing

Committee has been constituted to manage the Waqf in question.

The order contained in Annexure 8 or any other

consequential order in lieu of Annexure 8 shall remain stayed in

the mean time.

The Motawalli or any of the Managers or committee

members of the property of waqf estate 25 and 2525/25 are

restrained from transferring any of the properties of the Waqf, or
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in any manner creating any encumbrances on the property of the

Waqf during the pendency of this case.

haque                                       ( Sheema Ali Khan, J.)