IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.766 of 2009 PREM KUMAR … … Petitioner Versus DILIP KUMAR & ORS … … Opp. Parties For the petitioner:Shri Harendra Tiwary ----------- 2. 19.5.2009 I have heard learned counsel for the petitioner and after having taken through the provision of the Wakf Act,1995, specially under Section 85 that the main suit which was pending before Munsif I, Patna( T.S. No. 59 of 1996) was not maintainable. So there was no question for the lower court to refer the matter to any authority under the above noted Act. It was sad that such a frivolous suit was maintained and some order of reference was also passed. Learned counsel for the petitioner has attempted best of his advocacy and power of persuasion to pursue the Court so as to setting aside the order but I find no reason to act upon that. The petition appears not only not maintainable but also frivolous and is dismissed with a cost of Rs. 3,000/- to be paid by the petitioners to the Wakf Board. Kanth ( Dharnidhar Jha, J.)