The verdict was passed by 4:1. Justice Amanullah dissented.
In a verdict last week, the Patna High Court ordered the demolition of the Sunni Waqf Board building, which was constructed by the side of the court.
A bench of Justice Ashwani Kumar Singh, Justice Vikash Jain, Justice Ahsanuddin Amanullah, Justice Rajendra Kumar Mishra and Justice Chakradhari Sharan Singh was hearing the matter.
On the directions of the Chief Justice of the High Court, the matter was registered as public interest litigation in the court.
The 4:1 majority verdict ordered the demolition of the building and ordered the state government to set up an inquiry commission to investigate and fix the responsibility of the government officials who acted in defiance of law and permitted the construction of the building.
Justice Ahsanuddin Amanullah, who gave the dissenting opinion in the verdict, said the construction was 'irregular' but not 'illegal'.
The Court also noted that the building construction was done at a very rapid pace in the Covid time when the construction activity in the state had come to a halt.
The Amicus Curaie Rajendra Narain submitted in the Court that the acquisition of the disputed property by the Waqf Board has no legal basis under the provisions of the Central Act.
Counsel Narain told the Court that a multi-purpose multi-storied building is being built on land claimed to have been used as a graveyard since time immemorial.