IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1664 of 2005 MD.IRFAN KHURSHAIDI SON OF LATE MD. MAROOF AT & P.O. BAHPURA, P.S. BIHTA, DISTRICT PATNA SECRETARY OF THE MANAGING COMMITTEE OF MADARSA ISLAMIA, BAHPURA, PS. BIHTA, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR 2. THE SPECIAL DIRECTOR, SECONDARY EDUCATION, BIHAR, PATNA. 3. THE CHAIRMAN, BIHAR STATE MADARSA EDUCATION BOARD VIDYAPATI MARG, PATNA -1. 4. THE SECRETARY, BIHAR STATE MADARSA EDUCATION BOARD, VIDYAPATI MARG, PATNA. 5. IBRAR AHMAD 6. ANSAR ALAM 7. MASTER MD. ARIF 8. INAMUL HAQUE 9. NURUL HAQUE 10. MD. MOINUDDIN 11. ABDUL QAYYUM 12. SARFRAZ AHMAD 13. BIHAR STATE MADARSA EDUCATION BROAD, PATNA. ----------- 3 23/08/2010 After having heard learned counsel for the petitioner and learned counsel for Bihar State Madarsa Education Board, Patna as well as learned counsel for the State, with conflicting kind of materials which have been brought on record, it is not possible for this Court to declare in favour of the petitioner that it is his managing committee which is entitled to take charge of the institution in question and there is rival material available - 2 - on record which has come after due enquiry by the local Sub-divisional Magistrate into the issue. Writ Court has difficulty in making adjudication. Parties will be well advised to move the Tribunal and lead evidence on the record. The Tribunal will be in a better position to finally declare the actual state of affair on the evidence which may emerge. This writ application is disposed of with the liberty as above. AMIN/ (Ajay Kumar Tripathi, J.)