Letters Patent Appeal No.20 OF 2002 (Against the order dated 23.11.2001 passed in CWJC No. 2013 of 1998 by Hon’ble Mr. Justice, Aftab Alam) PARVEZ AHMAD-------------------------------------(Appellant) Versus THE STATE OF BIHAR & ORS-----------------(Respondents) For the Appellant:- Smt. Anjana Mishra, Advocate and Mr. Nagendra Kumar, Advocate For the Respondent No.6:- Md. Mushtaque Alam, Advocate P R E S E N T THE HON'BLE MR. JUSTICE CHANDRAMAULI KUMAR PRASAD THE HON'BLE DR. JUSTICE RAVI RANJAN Prasad and Ranjan, J.J. Respondent No.6 appellant aggrieved by an interim order dated 23.11.2001 passed in CWJC No. 2013 of 1998 has preferred this appeal under Clause-10 of the Letters Patent. Mrs. Anjana Mishra, appears on behalf of the appellant. Respondent Nos. 2 to 4 are represented by Mr. Sahadat Ali Khan. Writ petitioner is represented by Mr. Ragib Ahsan J.C. to A.G.-2 appears on behalf of the State. By the order impugned, the learned Single Judge has provisionally directed to appoint the management of YatimKhana as Mutwalli of the Bibi Zohar Wakf Estate. It is common ground that the power to appoint Mutwalli lies with - 2 - the Bihar State Sunni Wakf Board. Therefore, without expressing any opinion in regard to the rival claim, we direct the Bihar State Sunni Wakf Board to appoint Mutwalli of Bibi Zohar Wakf Estate (No. 704) in accordance with law within three months from the date of receipt/production of a copy of this order. Needless to state that the Board, while appointing Mutwalli, shall take into consideration the recital in the wakf deed. Any deviation in carrying out the order within the time aforesaid shall be viewed seriously. Till the appointment of the Mutwalli by the Board, the order passed by the learned Single Judge shall remain operative with condition that the wakf property shall in no way be transferred or encumbered. Appeal stands disposed of with the observation aforesaid. Patna High Court, Dated 18th of September, 2008 P.K./N.A.F.R. (Chandramauli Kr. Prasad, J.) (Dr. Ravi Ranjan, J.)