IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1276 of 2009 ABID HASSAN, son of late Mustaqueem Hasan, resident of Mohalla Moghalpura, P.S. Khajekalan, Patna City, District Patna … Intervenor Respondent-Appellant Versus 1. THE STATE OF BIHAR, through its Secretary, Department of Minority Welfare, Patna 2. Bihar State Shia Wakf Board, Abdin Hasan,, Frazer Road, Patna through its Secretary 3. Chief Executive Officer, Bihar State Shia Wakf Board, Abdin House, Frazer Road, Patna 4. The Superintendent of Police (City), Patna 5. The Sub-divisional Officer, Sadar, Patna 6. The Circle Officer, Sadar, Patna 7. The Officer In-charge, Kotwali Police Station, Patna … Respondents-Respondents 8. M/s Namira Construction Private Ltd., having its office at 305, Sukriti Apartment, S.P.Verma Road, Town and District Patna through Director, Seraj Anwar 9. Seraj Anwar, son of late Serajuddin Ahmad, resident of B- 186, Police Colony, Anisabad, P.S. Gardanibagh, Town and District Patna … Petitioners-Respondents. ----------- 5. 7.4.2010 I.A.No. 2896/2010 This is an application for grant of leave to prefer the appeal. Having heard Mr. Shivajee Pandey, learned Senior Counsel, alongwith Mr. Ajit Kumar, prayer for leave is accepted and the leave is granted. Accordingly, I.A. stands disposed of. L.P.A.No. 1276/2009 In this appeal challenge is to the order dated 2 5.8.2009 passed by the learned Single Judge in C.W.J.C.No. 15617/2007. Mr. Pandey, learned Senior counsel, criticizing the order advanced number of contentions, but unfortunately all of them have to pale into insignificance, inasmuch as the Bihar State Shia Wakf Board through its Secretary, which was respondent no.1 in the writ petition, alongwith another had preferred L.P.A.No. 1076/2009, wherein a Division Bench of this Court considering the submissions advanced by the learned counsel for the parties has held as under: “ Before deciding to enter into the development agreement, admittedly the Mutawalli sought permission of the appellant Wakf Board. According to the Board, the terms and conditions of the development agreement were required to be examined and settled by the Wakf Board but instead of getting that done the Mutawalli and the developer proceeded with construction and when same was opposed, the writ petition was preferred. It has been submitted that permission to enter into development agreement for making certain constructions was given by the Wakf Board about a decade earlier on the 3 understanding that the income from such construction would enable the Wakf to have the resources for realizing the purpose of the Wakf Boad and establish the infrastructure for religious and charitable purposes. Now, the stand of the appellant Wakf Board is that the development agreement is not necessary to promote the realization of purpose for which the Wakf was created and the terms of the development agreement are detrimental to such objects. The first objection does not lie in the mouth of the appellant Wakf Board which in principle allowed the Mutawalli to enter into a development agreement. So far as the second objection is concerned, on a careful reading of the exhaustive judgment and order of the writ court it is found that in the last but one page the writ court has given careful directions which allows the appellant Wakf Board to consider the fresh draft of an agreement prepared pursuant to court’s direction dated 10.9.2008 and to approve the same, after making such changes which are reasonable and necessary in the interest of the Wakf, within a period of three months from the date of the judgment. In deference to the learned counsel for the appellants it is mentioned that a number of 4 arguments and contentions were raised before us but those could not persuade us to take a different view or to admit the appeal. After considering the entire facts and circumstances and the judgment under appeal, we find no merit in this appeal. It is, therefore, dismissed in limine.” In view of the aforesaid, the present appeal has to pave the path of dismissal. In the result, the appeal, being devoid of merit, stands dismissed in limine. (Dipak Misra,C.J.) (Mihir Kumar Jha,J.) Surendra/