IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10943 of 2005 S.Ali Asad Jaffery @ S.Ali Asad, Aged about 68 years, Mutawalli, Imam Bandi Begum Waqf Estate Son of Late Nawab Syed Ali Sajjad resident of Mohalla Gulzarbagh, P.S.Alamganj District- Patna. …….. Petitioner. Versus 1. The State of Bihar . 2. The Secretary, Revenue, Government of Bihar, Patna. 3. The Collector, Patna. 4. The Additional Collector, Patna. 5. The S.D.O.Patna City. 6. The Circle Officer, Patna. 7. Chairman, Inland Water Ways Authority of India, Ministry of Shipping, Government of India, New delhi. 8. Direcor, Inland Water Ways Authority of India Biscoman Bhawan, Gahdi Maidan, Patna. 9. Secretary, Ministry of Shipping, Union of India, New Delhi. ……… Respondents. ---------------------------------- 2 15.11.2011 Heard Mr.Alamdar Hussain, learned counsel for the petitioner, Mr. Yogendra Kumar Singh, learned counsel for the State as well as learned counsel for the Union of India. The petitioner is a Mutawalli of the Wakf, whose lands are the subject matter of the present writ petition. The said Waqf is registered with the Bihar State Shia Wakf Board, Patna. The allegation in the writ petition is that inspite of the land being purely private, the respondents started the construction of various structures and ship jetty without any authority of law. A counter affidavit by the District Magistrate, Patna is on record, which suggests that his office was not aware of this position and steps are being taken to remove the encroachment. There is no counter affidavit on behalf of the Union of India. In view of the above, it is clear that the respondents 2 have encroached upon the purely private Wakf land without any authority of law. This Court is restraining itself from passing any order fixing responsibility for such highhandedness. In the facts and circumstances of the case, the writ petition stands disposed off with a direction to the District Magistrate, Patna to get a measurement done of the land/area in question in presence of the parties, after fixing a date and intimation to the concerned persons. The District Magistrate shall fix a date for actual measurement within two weeks form the date of receipt/production of a copy of this order upon him. Thereafter, if he finds that there is any encroachment on the private land belonging to the Waqf in question then the same should be made encroachment free within one month thereafter. This order shall not preclude the petitioner from taking any action before the appropriate forum for compensation, if so advised. Sudha (Ahsanuddin Amanullah, J.)