@ C^'1^1^' IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR fC.G.) ir^, PETITIONER RESPONDENTS ^•l^ ^^' l^ lA- WritPetitionNo.K(L72003 ABDUL HALEEM KHAN ^/O ABDUL HAKEEM KHAN AGED ABOUT 49 YEARS, R/0 AKBAR KHAN KI CHAWL, IN FRONT OF MISSION HOSPITAL, BILASPUR (C.G.) VERSUS 1) STATE OF CHHATTISGARHJHROUGH THE SECRETARY. DEPARTMENT OF TOURISM, CULTURE, RELIGIOUS TRUST AND ENDOWMENTS, D.K.S. BUILDING MANTRALAYA, RAIPUR (C.G.) 2) COLLECTOR (NAZUL), BILASPUR DISTIRCT BILASPUR (C.G.) 3) SHRI H.R KINDO, ADDITIONAL COLLECTOR, BILASPUR (C.G.) 4) NAZUL OFFICER, BILASPUR COLLECTORATE, BILASPUR (C.G.) 5) SUB REGISTRAR (REGISTRATION) COMPOSITE BUILDING, OPPOSITE COLLECTORATE, BILASPUR (C.G.) 6) ASHOK KUMAR TIWARI, NAZUL OFFICER BILASPUR (C.G.) 7) SUB DIVISIONAL OFFICER (REVENUE) BILASPUR (C.G.) Contd.2. ~T (^) ^.^.: .-.-M-41 .2.. 8) SHRI YK.,ADILE, l- ^JQINT COLLECTOR BILASPUR (C.G.) 9) SHRI RAFIQUE AHMED KHAN AGED ABOUT 70 YEARS S/0 MASOOD KHAN PRESENTLY RESIDING AT FLAT N0. 113, UTKARSH NIRMAN; MANGALWARI BAZAR/SADAR - NAGPUR (M.S.) 1-._. LOCAL RESIDENCE,AKBAR KHAN KA BAD^\, NEAR SANTOSH BHOJNALAYA^ „ \ JUNIUNE, BI^ASPUI^ (g^€.) ^ WRIT PETITION UNDER THE ARTICLES 226^227 rf THE CONSTITUTION OF INDIA. / f- XI-HC-22- "d^ "^Pn^R, ^^i^4l^ 1^TRT3? V. WHCTT^Hi^ •^ 200^, •^^T' 3TT^r^T 'f^wsni^i '^W^TT -t.+- ^I^T'^RITW trft'cT 27-06-2003 Shri AAok Patil, counsel for 1+>e|petitioner. Shri Sanjoy K. AQPWi<d. Deputy ^ ^GiferiN 'wr^f "^ 'felst <^i^t< ^3lf^T3?I^T c^ocate ^eneral for the State. Shri K.A. Ansari. coureel fw the|respondent No.9. Tliis petition under Ar'ticle 226 has been filed with a proyer to issue a ^rit of mandamus for the compliance of the order of the M.P. Wakf Boardl issued under the signatures of C.E.O.] / 227 of the Constitution of India vide file No. 4093 dated l-6-2001 MP. Wakf Board. Bhopal and the Court moy direct the resporKtents to p|roduce all the records of the cases before this Court and the Court moy al^o issue a writ of mandcBnus to hold a high level enquiry into the scam of the ^fdkf Board and further be directed to t<ri<e appropriate disciplinciry wd ad^inistrative action against the N02x1! Officers, Btlaspur and the Court moy ^ilso issue a writ of quo-wcirranto to oust the respondent No.9 and for any oljher oppropriate orders. The main contention of the peti| descendents of the late H<yi Mohd. Akt>w Mohd. Masood Khan executed a "Wakf-^ respect of the properties belonging to t|iem has been enumerated in para-ll of the c^eed. ^ioner js that he is one of the close Khan who ator^ with his son late llaMulad" deed on 20th April 1937 in \, the detail list of the properties [^i^^ f- XI-HC.22 3Tr^T^T 'f^it^>3T[i^i ^Rt^'Cfi^ h- ^"^F ^S^s<n^> ^Tl1^^t<o, l^tRTg? sffi^r 'sra^ 'Wfl^T^^f; '^' ^^ 200 '^•^T' 3TF^T'^<ffW?rfi1cf t- Section 3(a) of the Wakf Act1995J ct}|^t<r<<flrf ^H<A '9 FS^ iT^^Si ^ 3iNR 3???^f The petitioner being declarjed as beneficiary, as provided under as such Ihe petitioner is takin^ part to save properties of the Wakf which cjre being misused and mismancged by the respondent No.9. It is submitted -rtiat in the ^tate of Chhattisgorh the Wakf Board has mt been constituted so f<r, ^herefore, the petitioner could neither appr-oach before the Wakf Bocrd 4»rthe Wakf Trjbunal since it has not started to function as yet in the Sto|te of Chh<2ttiS9arh. It is further submitted tha^ late Hcyi Mohd. Akbar l^ian was the original owner of the properties ond also hwjng mmy villages sitiKited at the cities of Bilaspur, Raipur and Ncgp^r w^ he was o deeply religioiK person and wanted to see the properties bejon9in9 to hjm might not be wasted after hrs death. with this object of reli^ious, pious and charitable purposes he executed m<Biy deeds of Wakf inclucling the present Wakf-Alat-Aulad. The iearned counsel for th^ petitioner (rgued 1+iat the Cbllector, Bilaspur is not entering the name of ^he Wakf Board in the mutation, os such the Wd<f Board Bhopal issued a lefl-er dated 1-6-2001, vide Armexire-P/1 ond, therefore. by woy of this peti^ion the petitioner is seeking comptiance of that letter of the Wakf Bocrd, ^hopal. A similar letter Araiexwe-P/10 was also sent to the Collector. BJlc^put* ond Tehsildar, Bilaspur by the M.P. Wakf Board Bhopal. The Collector, iilaspur also directed to S.D.O.. Wocspw XI-HC-22 3TT^T^FT f^WBTlt^T ^^i^) ^fin ^ +- -^- 'qY "^? ^ii^Kri^, ^Til^^!^, fN^?ray 3?i^r XT?!^ wi^rr *Ni**"a*a*tt'*<"<*<o*<a<"<"°***'<s"<'^ 20° 'f^^ST' ^Ti^r^mw^fN -^ to comply with the directions of directed the concerned Tehsildar t4 Wakf properties. The petitioner app^ached and the matter was re9istered <a^d mutation will be carried oyt in accortlance 110 of the M.P.L.R.C. 1959/ Chhattjsdorh 1 A perusal of the Annexure-P^ application before the Nazul Officer], of the mutotion in respect of this dii the Nazul Officer issued a notice ort order the petitioner moved a review proceeding^ cre being taken up and P/13. / th^rt- Ali these documents show of the petitioner has alreQdy initi4ted concerned and affected persons hav^ If the petitioner has any gri^ance approoch the Qppropriate authoritie^, proceeding whichever is Qvailable to ^im. The jurisdiction under Artic^e very limited and it is extraordincryj <^<<Lif<r(<i1ri ^w?ft ^ fe^ iFsi^K '^3rf^H3^T IM.P. Wakf Board and in twn S.&.O. take action regardirg mutation of the the Nazul Officer for mutation he reached to the conclusion that with the provisions under Section Revenue Code. f9 shows that the petitioner moved an Bilaspur, for taking up the proceedir^s ^puted properties. In pursumce of that 2-4-2003 and beirg aggrieved by that ^etition, Amiexupe-P/12, upoh which the copy of the proceedings is Annexure- tgie the Nazul Officer on the application the mutatjon proceedin9$ and all been issued notices. ^ainst these orders then he can , jf any, by woy of appectl or any other 226 of the Constitution of India is jurisdiction in which the Court is not / y-r ,^^-— -r- XI-HC-22 ^T^T^RT f^iicft ^n^? $h^i<^ <iRa jg^^A^ ( ^. ¥y ^? r^NJd^, ^•d1<4^(s, 'fe^T^y 3ffi^T ^(^ WWTT^W^ '^ 200 'fN^T' 37T^T'^TT^R'?T%T[ •^- required to 90 into the complicated Moreover, when the proceedi'ngs 'ebMi<n<i1l T[W^f "^ fec^t 'rf^T^R ^T^^RW^T Facts and investigate into the matter. cre pending before the competent authorities, the Court is not requiredjto interfere with the affdrs of those authorities. ar|d HQving regard to the facts the opinion that thjs petition is dismissed inlimine and sdme is dismis^ed In view of this order, M.(W.)P stand disposed of. circumstances of the cose, I <ro of vfholly misconceived and Jiable to be at thc admission stc^e itself. No. 1546/2003 <& I.A. No. 5085/2003 Sd/- L.C. Bhadoo Judge [^^^