IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.10948 of 2010
THE MANAGING COMMITTEE,YATEEM
Versus
THE STATE OF BIHAR & ORS
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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8.7.2010 has been withdrawn by a resolution of the Waqf Board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.)