IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13546 of 2008 Mahmood Alam, son of late Md. Gulam Nabi Hussain, resident of High Court Mazar Sharif, M.L.A. Flat, Bailly Road, P.S. Kotwali, District- Patna ………………….. Petitioner Versus 1. The Commisioner,Bihar State.Sunni Wakf Board, IInd Floor, Haj Bhawan 34, Ali Imam Path (Harding Road), Patna-1. 2. The Secretary, Bihar State Sunni Wakf Board, Bihar, Patna 3. Chief Executive Officer, Bihar State Sunni Wakf Board, IInd Floor, Haj Bhawan 34 Ali Imam Path (Harding Road), Patna-1. …………………… Respondents ----------- For the petitioner : M/S. S. Arshad Alam & Md. Arif, Advocates Fr the Board: Mr. Farooque Muazzam, Advocate ----------- 6. 24.3.2009 I.A. No. 7028/2008 The interlocutory application has been filed for amending the prayer made in the writ petition by challenging the order dated 14.11.2008 passed by the Chief Executive Officer, Bihar State Sunni Wakf Board by which the petitioner has been directed to remove the encroachment made by him and restore the possession of the shop and land building, space of Wakf Estate No. 663 within ten days of the notice to the Board, failing which legal and coercive action will be taken for removing the same. In the facts and circumstances of the case, since the order has been passed pursuant to the earlier notices issued to the petitioner in this regard which have been challenged in the writ petition, the prayer for amendment is allowed. I.A. No. 7028/2008 is accordingly disposed of. At the outset learned counsel for the Bihar State Sunni Wakf Board submits that the impugned order dated 14.11.2008 has been passed under Section 54(3) of the Wakf Act, 1995 and with 2 respect to the same statutory remedy is available to the petitioner before the Wakf Tribunal under the Wakf Act. In view of the aforesaid preliminary objection the writ petition is dismissed with a liberty to the petitioner to approach the Wakf Tribunal under the Wakf Act. In case a suit is filed by the petitioner within a period of two weeks from today and a question of limitation arises therein then the Tribunal shall consider the application for condonation of delay keeping in view the fact that the petitioner has been pursuing his remedy before this Court. Until further orders are passed by the Tribunal on the filing of the suit before it within a period of two weeks from today, the status quo as of today shall be maintained. S.Pandey (Ramesh Kumar Datta, J.)