IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1986 of 2010 In Civil Writ Jurisdiction Case No. 17102 of 2009 ====================================================== Haji Md.Asghar @ Md.Asghar son of late Makhdoom Hasan, Ex- President Wakf Estate no.521 Mosque, Resident of Mohalla Purana Quila, P.S. and District Siwan ….Respondent .... Appellant/s Versus 1. The State Of Bihar 2. The Bihar State Sunni Wakf Board, through the Chief Executive Officer, 2nd Floor, Haj Bhawan 34 Ali Imam Path (Harding Road) Patna- 800001 3. Qutubuddin alias Sajjan son of Late Kabir Alam, Ex- Vice President R/o Purana Quila, P.S. Siwan Town, District Siwan 4. Haji Aftab Alam son of late Md. Rauf, Ex. Secretary 5. Alique Rahman alias Gole son of late Ataur Rahman 6. Akhtar Hussain alias Munna, son of Late Nusur Rahman 7. Jalil son of Late Md. Khalil Khan 8. Bashir Alam son of Aftb Alam 9. Shahabuddin Akhtar son of name not known 10. Md. Shahnawaz son of late Md. Ismial 11. Md. Naushad Quadri son of Late Ghulam Quadri 12. Bdrul Haque son of Nurul Hoda, All nos.4 to 12 are Ex- office Bearer of Wakf Estate no.521, Mosque Purana Quila Siwan All respondent no.4 to 12 are Resident of Mohalla Purana Quila, P.S. Siwan Town, District Siwan … Respondents/ Respondents 13. Md. Shamshul Hoda son of late Md. Rasul, Secretary Wakf Estate no.521, Purana Quila of Mosque, Resident of Mohalla- Purana Quila, P.S. Siwan Town, District Siwan ….Petitioner .... Respondent/s ====================================================== 3 09-11-2011 Heard learned counsel for the appellant and learned counsel for the Sunni Wakf Board as well as learned counsel for the State. The only grievance of the appellant is that the order for expeditious hearing of the complaint case passed by the Writ Court Patna High Court LPA No.1986 of 2010 (3) dt.09-11-2011 2 at the instance of the writ petitioner was an ex parte order without notice to this appellant. On perusal of the order under appeal dated 17.8.2010 passed in CWJC No.17102 of 2009, we find that the order is an innocuous order which does not touch the merits of the complaint case one way or the other. A simple direction has been given to the Judicial Magistrate to decide the matter expeditiously preferably within a period of two months. The parties have been directed to assist the court in early disposal of the matter. Even after hearing the appellant, we are not persuaded to pass any different order. If the Magistrate has not disposed of the complaint case till date, he should attempt to dispose it of positively within a further period of two months. It is made clear that the order of the Writ Court or this Court will not have any bearing upon the merits of the complaint case and shall not prejudice case of either of the parties. The appeal is disposed of. sk (Shiva Kirti Singh, J) (Shivaji Pandey, J)