IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10948 of 2009 MD.MANZOOR ALAM, AGED ABOUT 42 YEARS SON OF LATE MD. ZAFARUDDIN, RESIDENT OF VILLAGE- SALIMPUR, P.S.- JAGDISHPUR, DISTRICT- BHAGALPUR. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, VIKAS BHAWAN, PATNA. 2. CHAIRMAN, BIHAR STATE MADARSA EDUCATION BOARD, 5, VIDYAPATI MARG,PATNA-800001. 3. SECRETARY, BIHAR STATE MADARSA BOARD, PATNA,5, VIDYAPATI MARG, PATNA-800001. 4. WAIZUL HAQUE, HEAD MAULVI OF MADARSA ANISUL HUSNA SALIMPUR, P.O.-SAMARIA, P.S.- JAGDISHPUR, DISTRICT-BHAGALPUR. 5. MD. SHAHABUDDIN, PRESIDENT OF MANAGING COMMITTEE OF MADARSA ANISUL HUSNA, SALIMPUR, BHAGALPUR. 6. MD. NEHAR SECRETARY OF THE MANAGING COMMITTEE OF THE SAID MADARSA. 7. HAFIZ MD. MUKHTAR, MEMBER OF THE MANAGING COMMITTEE OF THE SAID MADARSA. 8. MD. RIZWAN, MEMBER OF THE SAID MANAGING COMMITTEE, 9. MD. ILYAS, MEMBER OF THE SAID M.C. 10. DISTRICT EDUCATION OFFICER, BHAGALPUR. ... ... RESPONDENTS. ----------- For the Petitioner : Mr. Alim Jung Khan,Adv. For Madarsa Board : Mr. Md. Rashid alam,Adv. ----------- 2. 31.8.2009. Petitioner is aggrieved by the office order bearing Memo No.1015-19 dated 3.4.1997 (Annexure-4) where under the Managing Committee of the Madarsa Anisul Husna, at/P.O. Salimpur, District Bhagalpur has been reconstituted ignoring the provisions of the Wakf deed where under the land over which the Madarsa has been established was donated for the purpose of - 2 - N.H./ establishing the Madarsa with further stipulation that the heirs and legal representatives of the donor be always included in the Managing Committee of the Madarsa and prior to issue of the office order dated 3.4.1997, the heirs and legal representatives of the donor were always included in the Managing Committee. It is submitted on behalf of the petitioner that such constitution of the Managing Committee under office order dated 3.4.1997 is violative of Article 31 of the constitution inasmuch as the donor or his other family members have not been included in the Managing Committee. Such illegality took place as far back on 3.4.1997 and the petitioner has filed this writ application on 27.8.2009. In the circumstances, I am not inclined to interfere in the matter and the writ petition is dismissed on the ground of laches. ( V.N. Sinha,J.) - 3 -