IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3108 of 2011 Faiz Murtaza Ali, son of late (Justice) Murtaza Fazal Ali, the Mutawalli, Fazal Imam Public Charitable and Religious Trust, Fraser Road, Patna and at present resident of 112, Uday Park, Khelgaon, District New Delhi through his attorney namely Anwar Najmi, son of late Akhter Sayeed Mojibi, resident of Quddus Vakil Compound, Dariyapur, P.S.Pirbahore, District Patna-------------------------------------- ---petitioner Versus 1.The State of Bihar through Secretary, Minority Welfare Department, Govt. of Bihar, Patna 2.Mr.Seraj Anwer, Managing Director, M/s. Namira Construction Pvt. Ltd., Fazal Imam Complex Building, Fraser Road, Patna 3.The Bihar State Shia Wakf Board through its Chairman Sri Syed Mohsin Ali Masumi @ Bablu Masumi, 34, Ali Imam Path, Harding Road, Haj Bhawan, Patna------------------------------------------opp. parties ----------- 3. 19.10.2011 Heard learned counsel for the petitioner and learned counsels for the opposite party No.2 and for the Wakf Board. The application has been filed for initiating contempt proceedings against the opposite parties for violation of the orders dated 3.2.2010 and 31.3.2010 passed by this Court in M.J.C.No.80 of 2010. The matter has a long chequered history. So far as the order dated 3.2.2010 is concerned, the same was an interim order with a direction that no steps shall be taken for selling any part of the properties by the builders (opposite party No.2) which may affect interest of the Wakf in question. Ultimately the contempt application was disposed of by order dated 31.3.2010 on the basis of the 2 identical supplementary affidavits filed by the Builder and the Mutawalli. Thereafter another modification petition being M.J.C.No.2646 of 2011 was filed and this Court by order dated 3.8.2011 had directed that the share of the Wakf in the building in question was to be handed over to whosoever was legally entitled to the management of the Wakf in question on the day the same was handed over. The date fixed for such handing over possession was 31.8.2011. In the meantime, the Bihar State Shia Wakf Board had removed the petitioner from the office of Mutawalli of the Wakf in question, which the petitioner challenged before this Court by filing C.W.J.C.No. 2380 of 2011 which was disposed of by order dated 26.4.2011 on the prayer of the petitioner for leave to withdraw the writ petition with a liberty to pursue the remedies before the Tribunal within 30 days from the date of the order with a direction to the Tribunal to dispose it of after hearing all concerned by a reasoned and speaking order within a maximum period of three months from the date of receipt of the order of this Court. It is stated by learned counsel for the petitioner that status quo order has been passed by the Tribunal in his favour. 3 Learned counsel for the petitioner submits that the opposite party No.2 has entered into an agreement for sale and even sold off several parts of the building in question to different buyers and thus violated the order of this Court. Moreover, according to him, there is further violation by not handing over the property to the petitioner by 31.8.2011. Learned counsel for the opposite party No.2, on the other hand, submits that the opposite party has abided by the direction of this Court not to take any steps for selling any part of the properties before handing over the possession to the Wakf Board. It is submitted that the building is ready for occupation by the Wakf for which the Wakf Board has been sending its officers and staff for the purpose of measurement of the entire building so that the order for handing over possession of 45% of the building, as directed by the order dated 5.8.2009 of this Court passed in C.W.J.C.No. 15617 of 2007, is fully complied with. It is submitted by learned counsel that the opposite party No.2 is ready to handover the share of the Wakf. Learned counsel for the Wakf Board submits that the Wakf Board has been taking steps for taking possession of the share of the wakf from the present builder and for this 4 purpose measurement of the entire building is being done so that the 45% share of the building may be obtained. It is submitted that the status quo order does not make the petitioner entitled to receive the share of the wakf. On a consideration of the entire facts and circumstances and the aforesaid submissions of learned counsels for the parties, this Court does not consider it a case of wilful violation of the orders and directions of this Court as complained by the petitioner. There are various legal issues involved including the effect of the status quo order passed by the Tribunal. As a matter of fact, the Tribunal itself should not have kept the case before it hanging when there was specific direction of this Court by order dated 26.4.2011 to dispose of the proceedings within three months. Thus, no case for proceeding under contempt jurisdiction of this Court is made out. The contempt application is, accordingly, dismissed. Spal/ (Ramesh Kumar Datta,J.)