^ ^ IF/1£N-SE& A.I IN THE HIGH COURT OF eHHATTISGARH AT BILASPUR WP 227 4673 /2008 PETITIQNER/ Sayeed Ahmed S/oShri Zahruddin, Aged about 42 years profession business R/o PS Chrcha CoUiery, Chowki Charcha colliery TahsU Bikunthpur, District Koriya CG VERSUS )NDENTS O. (Dead) Baitulla Khatoon alias Batool Khatoon wife of Late Mohammed Ishaque 1. Mohanuned Israil S/o Late Mohaimned Ishaq Aged about 45 years. 2. Mohaauned Israfil S/o Late Mohammed Ishaq Aged about 40 years. 3. Mohamined Ashfaq S/o Late Mohammed Ishaq Aged about 37 years 4. Zaimunnisa D/o Late Mohammed Ishaq Aged abouf 50 years (Dead) ^ Thr&ughLRs a. Mohammed Saleem S/o Mohammed Ibrahim b. Mohammed Kaleem S/o Mohammed Ibrahim G. Moharnmed Haleem S/o Mohammed Ibrahim a to c R/o Fancy Boot House, Nepal Gate Charcha ColUefy, Tahisl Baikunthpiu- Distt. Koriya (CG) 5 Jatnila Khatoon D/o Late Mohammed Ishaq Aged about 48 years 6 Zubaida Khatoon D/o Late Mohanamed Ishaq Aged about 46 years All residents of Charcha CoUiery, Tahsil Baikunthpur District Koriya CG 7. State of CG through Collector, Koriya WRIT PETITION UNDER ARTICLE 227 OP THE CONSTITUTION OF INDLA FOR ISSUANCE OF A WRIT IN T^S NATURE OP_jMANDAMUS. PROHIBITION. CERTIORARI ETC. OR ANY OTHXR DIMECTION OR QRDER TO DO JUSTICE IN THE MATTER -~ The Hon'ye ChiefJustice and his Companion Justices of the HonTale HighCourtofChhattisgarhatBilaspur i -w. ^, x II li|'|^ ::!mTiC.m HIGH COURT OF CHHATTJSGARH AT BILASPUR WRIT PETITION (227) N0.4175 OF 2008 PETiTIONER : SayeedAhmed Versus RESPONDENTS Baitutla Khatoon atias Batoo! Khatoon (Dead) and others. !T! VrfRIT PETITiON (227) N0.4S73 OF 2008 Sayeed Ahmed • Versus RESPONDENTS Baitulla Khatoon alias Batooi Khatoon (Dead) and others. WRIT PETITIONS UNDERARTICLE 227 OF THE eONSTITLI'TION OF INDIA (Sinale Bench: Hon'ble Shri N.K. Aaarwal. J.l Present : Shri Saleem Kazi, counsel for the petitioner. None for respondents No. 1 & 2 though sen/ed. Shri Ashok Kumar Shukla, counse! for respondents No.3 to 6. ORAL ORDER (Passed on 11th day of March,2011) With consent of the parties, the matters are heard finally and disposed of by common order. 2. Petition No.4175/2008 under Article 227 of the Constitution of India calls in question the legality and propriety of the order dated 15-02-2007 and the petition No.4673/2008 calls in questlon the legality and propriety of the order dated 23-06- 2008 passed by Civil Judge, Class-li, Bailajj^thpur, District Korea in Civii Suit No.7-A/2007. 3. Facts in nutshell as projected by the petitioner are that the plaintiffs instituted a suit for eviction of the petitioner from the suit premises under the provisions of M, P. & C.G. Accommodation Control Act, 1961. Petitioner by filing written statemenf disputed the pl&intiffs' ownership over the suit property. it is stated the Kvr suit property is waqf property oeing managed by Anjuman Islamia Charcha Coliiery, Baikunthpur and petitioner is tenant of Anjuman Islamia Charcha Colliery. 4. By way of applications under Order 1 Rule,10(2) and under Order 14 Rule 5 of CPC, he applied for impleadment of Anjuman Islamia Churcha Colliery, Baikunthpur as a party defendant in the suit and for framjng offoilowing addifional issue: 'Whether the suit property belongs to plaintiffe or it is Waqf property in the supervision of Anjuman Islamia Charcha?" 5. The learned trial Court held: the issue framed in the case i.e. whether the plaintiffs are owners ofthe suit property, covers the case of the petitioner and Anjuman islamia Charcha Coiljery is not necessary party, dismissed both the applications. 6. Whether or not relationship of landlord and tenant exists between the parties is a question to be decided by the trial Court considering the entire material and evidence adduced by the parties, so also the question whether or not the property is Waqf property. But neither the proposed defendant is a necessary party nor framing of issue as proposed is necessary. 7. In view of the above, in the considered opinion of this Court, the order does not suffer from iltegality or irregularity. However, it would be in the interest of justice to direct the trial Court to decide the suit expeditiously after taking into consideration every aspeetofthe matter. 8. With the aboveobservation, the petitions are disposed of. 9. Consequently, interim stay granted on 27-08-2008 stands vacated. Sd/- N.K. Agrawal -, Judge T"IT^-i']I;TU"" ?»""