IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1791 of 2005 MOHIBBUL HASAN NADVI Versus THE STATE OF BIHAR & ORS ----------- 06. 03.07.2009 Mr. Najeeb Ahmad, learned counsel representing the petitioner informs the court that his client has taken away the brief and has obtained “No Objection” and thereafter he has no concern with the case. There is reflection in the cause list that Vakalatnama has been filed on behalf of the petitioner thereafter and there is no appearance on his behalf as of today. I.A. No. 3144 of 2009 has been filed for vacating the order of Stay dated 29.9.2005 by virtue of which annexure-1 dated 1.1.2005 came to be stayed. Reason why petition has been filed is that the order of stay is being misused and violated by the petitioner as many part of the waqf property has been alienated vide registered sale deeds some of which have been brought on record reflected in para 5 of the interlocutory application. Prima facie, if what has been brought on record is true, it is a serious matter and the waqf property cannot be allowed to squander away and the Court is indulgent to consider the matter for vacating the order of stay of annexure-1 which was not for the benefit of petitioner but for the benefit of institution. I.A. No. 3144 of 2009 is allowed. Order dated 29.9.2005 staying annexure-1 is hereby vacated. It is stated on behalf of the counsel representing the waqf - 2 - board that since tribunal has been constituted to decide the issue there is no occasion, matter to be considered by the High Court. In that view of the matter the writ application stands dismissed with liberty to the petitioner, if so advised, to invoke competent jurisdiction. rkp (Ajay Kumar Tripathi, J)