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Patna High Court

Md. Nadeem ImamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed as infructuous because the appointment in question has already lapsed and a fresh recruitment process is underway.

Summary

The petitioner, Md. Nadeem Imam, filed a writ petition seeking to quash Gazette Notification No. Patna 719 dated 13‑09‑2022 which appointed Syed Shahid Imam as a member of the Bihar State Shia Wakf Board. The State of Bihar contended that the petition had become infructuous because the appointed member had already completed his tenure and a fresh advertisement for a new appointment had been issued. The Court examined whether the petition remained maintainable in view of the completed tenure and the subsequent recruitment process. Relying on the submission that the relief sought was no longer applicable, the Court held that the writ petition could not be entertained. Consequently, the petition was dismissed as infructuous and the matter was disposed of without further adjudication.

Issues considered

  • Whether the writ petition seeking quashment of the Gazette Notification is maintainable after the appointed member's tenure has ended
  • Whether the Court can entertain a petition when the relief sought has become moot due to subsequent administrative action

Subjects

  • Writ petition
  • Gazette Notification
  • Appointment
  • Shia Wakf Board
  • Infructuous
  • Administrative law
  • Quashing

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.9001 of 2025
                 ======================================================
                 Md. Nadeem Imam S/o-Md. Nezam Imam R/o-Imam Manzil, 31, Dargah
                 Road, P.S.-Sultanganj, P.O.-Mahendru, Distt.-Patna, Bihar.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Secretary, Department of Minority Welfare,
                 Bihar, Patna.
           2.    Bihar State Shia Wakf Board through its Chairman, Second Floor, Haj
                 Bhawan 34, Ali Imam Path (Harding Road), Patna, Bihar.
           3.    The Chief Executive Officer, Bihar State Shia Wakf Board Second Floor,
                 Haj Bhawan 34, Ali Imam Path (Harding Road), Patna, Bihar
           4.    Syed Shahid Imam, S/o- Late Sg. Abid Imam 705, Sharf Apartment, Frazer
                 Road, P.S.-Gandhi Maidan, Patna, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Sanjay Kumar Singh, Advocate
                 For the Respondent/s   :      Ms. Archana Meenakshee, Government Pleader (6)
                                               Mr. Rohit Singh, A.C. to G.P. 6
                                               Mr. Ranaveer Prawar, A.C. to G.P. 6
                 For the Board          :      Mr. SMI Quli, Adv.
                                               Ms. Anjum Akhtar, Adv.
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE ANSUL @ ANSHUL RAJ
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

2   27-01-2026                   This writ petition has been filed by Md. Nadeem

                   Imam inter alia with a prayer for quashing the impugned

                   Gazette Notification No. Patna 719, dated 13.09.2022 whereby

                   the respondent no.4 has been appointed as a Member of Bihar

                   State Shia Waqf Board.

                                 2. Learned counsel for the State submits that the writ

                   petition has become infructuous and in fact respondent no.4 has
           Patna High Court CWJC No.9001 of 2025(2) dt.27-01-2026
                                                       2/2




                     already completed his tenure and for appointment of the

                     Member of the Bihar State Shia Wakf Board, a fresh

                     advertisement has already been issued.

                                 3. In view of such submission, this writ petition is

                     disposed of as infructuous.



                                         (Sangam Kumar Sahoo, CJ)


                                             (Ansul @ Anshul Raj, J)
Pravinkumar/
Siddharth Soni

U      T


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