- , , \F HIGH COURT GF CHHATTkSGARH : BILASPUR WRIT PETITION (C) N0. 1846f2009 PETITIONER Mohd. Jumman, Sio Niwamat Sah, Aged 6O years, Nayab Mutfavali, Resident of Kelabadi. Durg (C.G.) Versus Janab Sajid A. Muttavaii. xintejamia Maszid, urg (C.G.) 2. Chief Execive Officer, Chhattisgarh, Wakf oard Raipur, Tfibunai C.G.) 3. Registrar. Chhaftisarh akf Tribunal, District Raipur (C.G. (Writ Petition undei' Articie 226/22? of the Constitution f idia) o n §§nqla Bench: Hon’hle Shri Satish K. Agnihotri. J. Present :- Shri Shashi Kumar Kushwaha, counsei for thepetitionet. Shri Shashank Thakur, Panei Lawyer for the Siate. ORAL ORDER P Ch f r p t on 1 t 2. Son Ae T ai p (assed on this 8‘“ day of April, 2009) rd The petitioner impugns the oer dated 05-02‘2009 (Annexure P-6), eassed by the Presiding 0thcer. hattisgarh Wak Tribunai, Raipur (hereinafter eferred to as “the Tribunal“), whereby the apiication ef the peiticner for staying the operati of the order dated 3-01-2009 passed by the Chief Executive Dfticer, Chhattisgarh Sate Wakf Board (Annexure P—5) wae rejected. Sub section (4) of ecti 67. at the Wakf t, 1995 provides that the ribunai shi have no power to suspend the oeration of the order made by the Board pending such appeai. Thus, the Ttibunat has rightiy rejected the appiication of the petitioner for staying the operation of the order dated 13-01 ~2009 passed by the Chief Executive Officer. Chhattisgarh State Wakf Board, as the Tribuna! is not competent to do so. The petitioner has not made out any case for staying operation of the order dated 13-61-2009 passed by the Chhattisgarh State Wakt Board. as the matter is pending consideration before the Tribunal. 3. in view of foregoing, without expressing any opinion on the merits of the case. no case is made out for interferenoe Withthe impugned order. The Tribune! may ooneider and decide the appeai expeditiously. 4. Accordingly. the writ petition is dismiseed. l‘ sd/ I ' 1" satish K. Agnihotri ’ l" ' ' Judge ’ g—L 1. i i r .K’ Tumane li D ut B ( g W )