IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7759 of 2006 SHAH NURUDDIN AHMAD FIRDAUSI, SON OF LATE S.S.ENAYATULLAH, SAJJADA NASHIN-CUM-MUTAWALLI, DARGAH MANER SHARIF, MANER SHARIF, P.O.- MANER, P.S. MANER, DISTRICT- PATNA :-- -PETITIONER. Versus 1. THE UNION OF INDIA, NEW DELHI THROUGH THE DIRECTOR GENERAL, ARCHAEOLOGICAL SURVEY OF INDIA, NEW DELHI. 2. THE DIRECTOR GENERAL, ARCHAEOLOGICAL SURVEY OF INDIA, NEW DELHI. 3. THE SUPERINTENDENT, ARCHAEOLOGICAL SURVEY OF INDIA, JUDGES COURT ROAD, PATNA- 800001. 4. THE DISTRICT MAGISTRATE, PATNA. 5. THE STATE OF BIHAR. 6. THE BIHAR STATE SUNNI WAKF BOARD, 34, HAJ BHAWAN, HARDING ROAD, ALI IMAM PATH, PATNA, THROUGH ITS CHIEF EXECUTIVE OFFICER :---RESPONDENTS. ----------- For the petitioner : Mr. Farooque Moazzam, Advocate. For the Waqf Board : Mr. Ram Kishore Singh, Advocate. For the Union of India : Mr. Sudhir Kumar Tiwari, Advocate. ====== 2. 28.04.2011. Heard learned counsel for the petitioner, Union of India and the counsel for the Waqf Board. 2. During the pendency of the writ petition petitioner left for his heavenly abode leaving behind Syed Shah Tarique Enaiatullah as his heir and legal representative. 3. Let the name of the original petitioner be expunged from the records of the case and Syed Shah Tarique Enaiatullah substituted in place of the deceased original petitioner who died on 11.08.2010. 4. Interlocutory Application No. 2929 of 2011 is, accordingly, disposed of. 2 5. Petitioner claims himself to be the Sajjada Nashin-cum-Mutawalli of Waqf Estate No. 35, Maner Sharif. He has filed this writ petition for a direction to the Superintendent, Archaeological Survey of India to enter into agreement in the light of the earlier agreement dated 28th October, 1925, reference whereof has been made in the letter of the officiating Superintendent, Archaeological Survey, Central Circle dated 7th June, 1929, Annexure-1 addressed to the Collector of Patna. 6. Discretion to enter or not to enter into agreement with Sajjada Nashin-cum-Mutawalli of the monument is vested in the Superintendent and other functionaries of the Archaeological Survey of India. This Court does not feel competent to direct them to enter into any such agreement. It is for authorities of the Archaeological Survey of India to decide whether they propose to enter into agreement with the petitioner herein who claims himself to be Sajjada Nashin-cum-Mutawalli of Dargah Maner Sharif. It is submitted on behalf of the petitioner that even without entering into agreement with the petitioner the officers of the Patna office of the Archaeological Survey of India are interfering in the management of the Dargah Sharif by posting persons who are creating nuisance in the premises of the Dargah Sharif. In this connection petitioner has addressed letter dated 29.03.2011 to the Superintendent of the Archaeological Survey of India, Patna office but perusal of 3 the said letter dated 29.03.2011, Annexure-9 indicates that the same has been addressed to the Chairman. Counsel submits that description of the Superintendent in the letter dated 29.03.2011 is not correctly made, petitioner may be permitted to file another representation addressed to the Superintendent of the Patna office of the Archaeological Survey of India. Besides filing the representation before the Superintendent, petitioner is also at liberty to invite the attention of the District Magistrate and Superintendent of Police, Patna towards the nuisance created by the unauthorized persons coming to the shrine. 7. Having heard counsel for the parties, I direct the petitioner to make representation in the light of the submissions noted in my order before the Superintendent, Archaeological Survey of India, Patna as also to the Collector and Superintendent of Police, Patna (Rural) which should engage their attention as early as possible, in any case within a period of two months from the date of receipt of the representation along with a copy of this order. 8. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)