PATNA HIGH COURT ISSUES JUDGMENT FOR MADARSA ZIKRATUN NISA V/S THE STATE OF BIHAR AND ORS.

PATNA, India, March 8 -- Patna High Court issued the following judgment on Feb. 5:

1. At the outset, learned Advocate for the petitioner seeks permission to make necessary correction in the name of the Secretary of the petitioner's Madarsa, in pursuant to the orders of this Court dated 09.10.2025 and 22.01.2016.

2. Permission is accorded.

3. Heard the parties.

4. Taking note of the conflicting report of different officials, this Court vide order 29.04.2025 directed the District Magistrate, Darbhanga to conduct an enquiry regarding infrastructure and functioning of the Madarsa Zikratun Nisa preferably within a period of three months. In pursuant thereto, a three men committee has been constituted vide Memo No. 2148 dated 09.06.2025 issued under the signature of District Magistrate, Darbhanga. The committee so constituted consisted of (i) Sub-Divisional Officer, Benipur, Darbhanga, as Chairman, (ii) The Deputy Collector, Land Reforms, Benipur, Darbhanga, as Member and (iii) The District Programme Officer (Establishment), Darbhanga as Member.

5. As per enquiry conducted by the three men Committee, submitted a joint report dated 03.08.2025. Referring to the joint report, this Court is apprised that from the revenue records, it appears that total 21.1 decimals of land has been running in the name of Madarsa and out of the said land, there is a building of Madarsa erected over 1 Katha and 10 dhurs. The remaining land is vacant. However, at present the Madarsa is found to be in dilapidated condition and non-functional.

6. Mr. Ashhar Mustafa, learned Advocate for the petitioner adverting to the materials available on record submitted that besides the conflicting report from different authorities, the three men committee constituted by the District Magistrate, Darbhanga has failed to submit inspection report in terms with the regulations, as prescribed for inspection of Madarsa. In the year, 2016, to be more specific i.e. on 13.06.2016 the joint committee of the District Education Officer, Darbhanga and District Programme Officer (Accounts and Planning), Darbhanga has submitted an inspection report within a prescribed format disclosing therein all the particulars separately, including the prescriptions of the land, size of the class rooms, name of the teachers and the member of the Managing Committee as well as number of students, who were pursuing their studies in the said Madarsa. However, at the time of inspection pursuant to the order of this Court, neither the member of the Managing Committee nor the Head Maulvi has been informed with regard to the inspection of the Madarsa or any time schedule so that they may produce all the records relating to Madarsa.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MTUjMjU0MjgjMjAxOSMxI04=-ri5PBig48Es=)

Disclaimer: Curated by HT Syndication.