IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8202 of 2009 Dr.Badrul Hoda Khan @Dr.B.H. Khan, son of Late Dr. Md. Nazim Khan Resident of Mohalla-Sharif Colony, P.S.-Peerbahore, District-Patna. -Petitioner. VERSUS 1. The State of Bihar. 2. The Secretary, Department of Minority Welfare, Old Secretariat, Patna. 3. The Deputy Secretary, Department of Minority Welfare, Government of Bihar, Old Secretariat, Patna. 4. The Bihar State Sunni Wakf Board, Patna through its Chief Executive Officer at Haj Bhawan, 34-Harding Road, Patna. 5. The Chairman, Bihar State Sunni Wakf Board, Patna through its Chief Executive Officer at Haj Bhawan, 34-Harding Road, Patna. 6. The Chief Executive Officer, Bihar State Sunni Wakf Board, Patna through its Chief Executive Officer at Haj Bhawan, 34-Harding Road, Patna. 7. Al Haj Md. Irshadullah, S/o-Not known, the Chairman, Bihar State Sunni Wakf Board, Patna, resident of village-Wajidpur, P.S.-Barh, District-Patna. 8. Khawja Aftab Noor, S/o-Not known, the President of the Managing Committee of the Wakf Estate No.97, Namma Masjid Gaya, P.S. & District- Gaya. -Respondents. ----------- 04 21.01.2010 The petitioner is aggrieved by the order of the Sunni Waqf Board wherein the petitioner has been restrained to work as Secretary of the Gaya Jamma Masjid Waqf estate. In my view, it is appropriate for the petitioner first to move the Waqf Tribunal in this regards where various disputed questions of facts may be settled and petitioner may get relief. Petitioner has a statutory right to move the Tribunal, which he must exhaust at the first instance, accordingly, the Waqf Tribunal would entertain the application on merits considering that the matter has been pending before this Court before being remitted to the Tribunal and disposed of it in accordance with law at the earliest. Trivedi ( Navaniti Prasad Singh, J. )