Md. Firoz Ahmad vs The State of Bihar

Court
Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9387 of 2026
CNR No. BRHC010594652026
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Md. Firoz Ahmad Son of Sarpu Shah, Resident of village- Jathuli, P.S.- Nadi
District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Revenue and Land
Reforms, Department, Patna.
2. The Director Minority Welfare Department, Patna.
3. The Assistant Director Minority Welfare- Department Patna.
4. The District Welfare-Officer, Patna.
5. The Bihar State Sunni Waqf Board, Patna through its Chief Executive
Officer, Patna.
6. The Chief Executive Officer, Bihar State Sunni Waqf Board, Patna.
7. The District Magistrate, Patna.
8. The Additional Collector, Patna.
9. The Circle Officer, Fatuha, Patna.
10. Md. Kashif Ahmad, Son of Neyaz Ahmad, Resident of village- Kachi
Dargah, P.S. Nadi, District- Patna.
11. Md. Zafruddin, Son of Sududdin Resident of village- Kachi Dargah, P.S.
Nadi, District- Patna.
12. Vijay Rai, Son of Late Gani Rai, Resident of village- Kachi Dargah, P.S.
Nadi, District- Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Umesh Prasad, Advocate
For the Respondent/s : Mrs. Parul Prasad, SC-32
Mr. Aditya Anand, AC to SC-32
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 03-11-2026

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This petition has been filed with the following prayers:
"(i) For direction the respondents no. 5 and 6 to
take action on the report submitted by the
Respondent No.- 2 vide letter no.- 2175 dated 25-
10-2023 by issuing appropriate writ in nature of
mandamus and/or any other appropriate writ.
(ii) To direct the respondent no.- 8 to take action
for cancellation of Jamabandi in the light of the
proposal vide letter no.- 2175 dated 25-10-2023.
(iii) To direct the respondents to remove
encroachment over the lands of Kachi Dargah-
Pakki Dargah which is recorded as Gairmajura
Aam Kabristan.
(iv) To direct the respondents No.- 5 and 6 to take
proper legal action against the respondent no.- 10
for defalcation and misuse of the fund of Dargah
and for recovery of the same."
2. The respondents have raised an objection with
regard to the locus standi of the petitioner to maintain the
present petition in the nature of a Public Interest Litigation.
3. That apart, respondent nos. 5 and 6, through the In-
charge Sectional Officer of the Bihar State Sunni Waqf Board,
Patna, in paragraphs 9, 10 and 11 of their supplementary counter
affidavit, have taken the following stand:
"9. That as per complaint of the Petitioner dated

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20-07-2026 a show caused notice contained in
Letter No. 3634 Dated 11.09.2026 has issued by the
C.E.O of the Board to altogether 13 unauthorised
occupants regarding encroachment of Waqf Lands
of Waqf Estate No. 680/681, Kacchi/Pakki Dargah,
Patna for initiating encroachment proceeding u/s
54 of UMEED ACT 1995. And in response to said
notice encroachers namelyMd. Kamil Ahmad, Md.
Jafruddin, Md. Reyazuddin, Md. Md. Amruddin,
Md. Baliuddin, Md. Jiyauddin, Samiuddin, Md.
Nasruddin and Md. Abdulla have filed their
common reply on 13-09-2026 with stand that they
are living in the capacity of absolute title holder
upon the lands and matter is sub judice in the court
and they have ultimately requested for calling
specific report from competent authority Circle
Officer, Fatuha, Patna in this regard. (Photo copy
of Letter No. 3634 dated 11-09-2026 and common
reply submitted on 13-09-2026 by encroachersare
made Annexure-R/6 & 7).
10. That the Chief Executive Officer of the Waqf
Board encroachment proceeding has already
initiated an against the encroachers as per
complaint dated 20-07-2016 and after giving the
opportunity of hearing to all concerned, necessary
decisions will be taken under Section 54 of the Act,
for which the Chief Executive Officer of the Waqf
Board is making all efforts and endeavors in
accordance with law.
11. That as per Section 54(3) of the UWMEED Act,

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1995, after conducting the inquiry and hearing the
parties, if the Chief Executive Officer comes to the
conclusion regarding encroachment by the
encroachers, then the matter will be referred to the
Bihar State Waqf Tribunal, Patna for grant of an
order of eviction."
4. Learned counsel appearing for respondent nos. 5
and 6 submits that the Chief Executive Officer of the Waqf
Board shall finalize the proceedings, initiated by issuance of
notice dated 11.09.2026 within a period of six months from
today.
5. The aforesaid stand taken by respondent nos. 5 and
6 in their supplementary counter affidavit, as well as the
submission made by learned counsel appearing on their behalf,
is taken on record.
6. At this stage, learned counsel appearing for
respondent nos. 5 and 6 further submits that the concerned
district administration should extend all necessary assistance to
respondent nos. 5 and 6 to ensure removal of the
encroachments.
7. It goes without saying that, in the event respondent
nos. 5 and 6 approach the district administration, respondent
nos. 7, 8 and 9 shall extend all necessary support and assistance

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to respondent nos. 5 and 6 for removing encroachments.
8. The writ petition is disposed of.

(V. Kameswar Rao, CJ)
(Partha Sarthy, J)
Neha/-
AFR/NAFR
CAV DATE
Uploading Date 06.11.2026
Transmission Date