IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2668 of 2007 1. RAISUR RAHMAN son of late Choudhary Rafiqur Rahman 2. Afroz Alam, son of LateHaji Nesar Ahmad 3. Md. Nafees Ahmad, son of Late Md. Abdul Majeed All are residents of Choudhary Mohalla, Katihar, P.S. and District Katihar. . . . . Petitioners. Versus 1. THE STATE OF BIHAR 2. Anwar Alam, son of not known, Administrator, Bihar State Sunni Waqf Board, Patna. 3. Qamruddin, son of not known, the Chief Executive Officer, Bihar State Sunni Waqf Board, Patna. . . . . . opposite parties. For the Petitioners : Mr. Abu Haider, Advocate For Respondent nos. 2 & 3 : Ram Kishore Singh, Advocate ----------- 9/ 13.07.2010 Heard. The petitioners have filed the instant application for initiating a proceeding for contempt for violating the order passed by a Bench of this Court in C.W.J.C. No. 15799 of 2009 dated 28.02.2006. Vide aforesaid order, this Court had directed the Bihar State Sunni Waqf Board, Patna to appoint a retired Hon’ble Judge of this Court as an enquiry officer and it had further directed that enquiry officer would conclude the enquiry proceeding within a period of four months from the date of his appointment. It appears that as no retired Hon’ble Judge of this Court was willing to take up the enquiry, as such by order dated 26.11.2007 this Court directed to appoint a retired District Judge as the enquiry officer. Pursuant to the modification in the order, the Bihar State Sunni Waqf Board, Patna appointed one Mr. Syed Akbar Raza Naqvi, a retired Additional District Judge, as enquiry officer. It is unfortunate that the enquiry did not conclude even after 24 seatings, whereafter the learned enquiry officer tendered his 2 resignation on the ground that the Board is not cooperating in enquiry. The Board in its show cause submits that there has been no willful latches on its part, as it had already appointed an enquiry officer to conclude the enquiry, who subsequently resigned. The board stated that it has very meager resources. After hearing the counsel for the parties, I find that there has been no deliberate latches on the part of the Board for getting enquiry conducted. The board will strive to complete the enquiry fairly. If petitioners would be aggrieved, it would be open to it to knock the door of this Court or appropriate authority. The application stands disposed of. Uday/ (Samarendra Pratap Singh, J.)