IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3141 of 2007 THE BIHAR STATE SUNNI WAKF BOARD, Hardinge Road, Patna-1, through its Chief Executive Officer …..Petitioner Versus 1. THE STATE OF BIHAR 2. The Collector, Kishanganj 3. The Subdivisional Officer, Kishanganj 4. The DCLR, Kishanganj 5. The Circle officer, Bahadurganj, District Kishanganj 6. The Circle Officer,Kochhadhaman, District Kishanganj 7. The Additional Collector, Land Ceiling, Purnea 8. Md. Aslam son of Late Khalilur Rahman (Mutwally) 9. Mostt. Zeenatunnissa widow of late Nazir Hussain (Land holder) Nos. 8 and 9 are residents of village Siktihar, Post Office and Police Station Bahadurganj, District Kishanganj …Respondents ----------- 06- 16.1.2009 Heard Mr. Najmul Hoda for the petitioner, and Ms. Kumari Amrita, learned Standing Counsel I (Ceiling). The petitioner raises a grievance before this Court that the Wakf lands have erroneously been notified to be surplus lands with respect to the land ceiling proceedings of others. Learned Standing Counsel submits that the lands do not belong to the Wakf, and really belong to the land-holder and have, therefore, been rightly notified to be surplus lands. She further submits that Mutwally is the son of the land-holder. She also submits that the Wakf first of all has to establish that it has title to the lands in question and, therefore, needed initiation of land ceiling proceedings. 2. It appears to me on a perusal of the submissions of learned counsel for the parties that this essentially raises issues of facts which cannot be decided in writ jurisdiction. The writ petition is, - 2 - therefore, dismissed with the liberty to the Wakf Board to approach the State Government under Section 45B of the Bihar Land Ceiling Act which shall be disposed of in accordance with law. This order should not be taken to be an expression of the views of this Court in any manner whatsoever including the issue relating to maintainability of the application under Section 45 of the Act. ( S K Katriar ) mrl