IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16019 of 2009 1. JAGDISH PRASAD S/O LATE RAMASHRAY PRASAD VILL+P.O. AMRAKH, P.S. MANIARI, DISTT. MUZAFFARPUR 2. BHIKHARI ROY S/O BHONU ROY VILL+P.O. AMRAKH, P.S. MANIARI, DISTT. MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE MUZAFFARPUR 3. THE SUB-DIVISIONAL MAGISTRATE WEST MUZAFFARPUR, DISTT. MUZAFFARPUR 4. THE BIHAR STATE WAQF TRIBUNAL OLD SECRETARIAT, PATNA 5. THE BIHAR STATE SUNNI WAQF BOARD THROUGH ITS CHIEF EXECUTIVE OFFICER HAJ BHAWAN, HARDING ROAD, PATNA 6. THE CHAIRMAN/ADMINISTRATOR BIHAR STATE SUNNI WAKF BOARD, HAJ BHAWAN, HARDING ROAD, PATNA 7. THE CHIEF EXECUTIVE OFFICER THE BIHAR STATE SUNNI WAKF BOARD, HAJ BHAWAN, HARDING ROAD, PATNA 8. MD. MURTUZA S/O LATE MD. KHALIL VILL+P.O. AMRAKH, P.S. MANIARI, DISTT. MUZAFFARPUR 9. ABDUS SAQOOR S/O MD. DIDAR BAX VILL- BHIKANPUR SAIP, P.O. CHAINPUR BANGRA, P.S. MANIARI, DISTT. MUZAFFARPUR ----------- For the Petitioners : Mr.D.K.Sinha,Sr.Adv., Mr. Md.Anis Akhtar and Mr. Arif Moazzam For the Board : Mr. Farooque Moazzam. For the State : Mr. Umesh Prasad, A.C. to G.P.17 - --- 2 24.11.2009 Without going into various facts, the matter arises out of an appeal filed before the Bihar State Wakf Tribunal,Patna being Wakf Appeal no. 89 of 2009. The petitioners had filed the said appeal against an order of eviction that has been passed by the Chief Executive Officer of the Wakf Board. In the appeal they filed an application for injunction because pursuant to order of the Chief Executive Officer the Subdivisional Magistrate had been moved and he had noticed the petitioners for summary eviction/ ejectment. By order dated 2 3.11.2009 regrettably though the Tribunal found the triable issue and prima facie case in favour of the petitioner on a strange ground that the order of eviction had not been carried out for over a year, as such there was no necessity to grant injunction, notwithstanding the fact that the date has been fixed for forceful eviction/ejectment. I fail to comprehend the reason, the rationale or the legal logic. Without going any further in view of the tribunal’s own finding triable issue and prima facie case in favour of the petitioner and in view of the eviction /ejectment threat, I direct that till disposal of the appeal in question, no step shall be taken to evict or eject the petitioners from their occupation of any premises. The tribunal itself has noticed that the matter requires priority disposal. The tribunal would act in best interest of the Board and the parties. With the aforesaid observation and direction, this writ petition stands disposed of. Singh (Navaniti Prasad Singh, J.)