THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH *** CWP No. 18601 of 2008. Date of Decision: October 30, 2008. *** Ajmat and others Versus Haryana Wakf Board and others. *** CORAM: HON'BLE MR.JUSTICE T.S.THAKUR, CJ AND HON'BLE MR. JUSTICE JASBIR SINGH. Present:- Shri U.K.Agnihotri, Advocate, for the petitioners. *** T.S.Thakur, CJ (Oral) This writ petition purports to have been filed in Public Interest. It prays for a Mandamus directing respondent No.1, Haryana Wakf Board to renovate and reconstruct the mosque which is lying in a dilapidated condition in Village Devru, Tehsil and District Sonipat. The petitioners who happen to be residents of the said Village appear to have made representations to the Wakf Board, copies whereof have been enclosed as Annexure P-6 and P-7, to the writ petition, requesting the Board to take steps for renovation and restoration of the mosque. These representations have, according to the petitioners, remained unattended by the Wakf Board authorities, leaving no option for the petitioners except to file the present petition. Learned counsel for the petitioners submitted that there are about 160 Mohammedan families with a population of about 700 live in Village Devru. The mosque in question, according to learned counsel for the petitioners, is the only place of worship available to the said community. It is further argued that although the Wakf Board has sufficient funds at its disposal to carry out repair and renovation work in the mosque, the needful has not been done for the reasons best known to the authorities. The Wakf Board has not even allowed the petitioners and the residents of the CWP No. 18601 of 2008. -2- Village to carry out the repair themselves although they had offered to do so. In the circumstances and keeping in view the neglect and apathy of the Wakf Board authorities, this Court could intervene to issue appropriate directions in public interest. We have given our careful consideration to the submissions made by the learned counsel for the petitioners and perused the record, which includes certain photographs enclosed by the petitioners. From a perusal of the said photographs, it is evident that the mosque in question is indeed in a poor condition and needs to be suitably repaired and made functional for the benefit of the Muslim community residing in the afore- mentioned village. Representations made by the petitioners and other residents of the Village to the Wakf Board also do not appear to have been examined nor any steps have been taken by the Board for carrying-out repairs to the structures that are slowly crumbling down. In the circumstances, we are of the view that the least that ought to be done is to direct the Wakf Board authorities to examine the representations, Annexures P-6 and P-7, to the writ petition and take appropriate decision under intimation to the petitioners through their counsel. We do not consider it necessary to issue any notice to the respondents keeping in view the innocuous order that we are making. We, however, reserve liberty to the Wakf Board – respondents to seek recall of this order if they are, or any reason opposed to the consideration and disposed of the representation filed by the petitioners. The writ petition is, accordingly disposed of with the direction that representations, Annexures P-6 and P-7, to the writ petition shall be examined by the competent authority in the Haryana Wakf Board and appropriate decision on the same taken expeditiously but not later than six months from the date, a copy of this order along with a copy of each of the said representation is served upon the Secretary to the Board by counsel for the petitioners. Liberty is CWP No. 18601 of 2008. -3- reserved to the petitioners to seek appropriate redress if the decision taken by the Wakf Board, does not grant any redress to them. No costs. (T.S.Thakur) Chief Justice (Jasbir Singh) Judge October 30, 2008. Malik