Rafique Ahmed Khan v. C.G. Rajya Wakf Bord And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No. 4132 of 2008 Rafique Ahmed Khan R/o Juni Line, Bilaspur (C.G.), Presently R/o At 13, Utkarsh Nirman, Sadar Nagpur (Maharastra) ---- Petitioner

Versus

1. C.G. Rajya Wakf Bord through its Chief Executive Officer, Raipur (CG)

2. State Of Chhattisgarh Through- The Secretary, Department Of Religious Trusts & Endowments, Mantralaya, D.K.S. Bhawan, Raipur (C.G.)

3. Intazamia Committee Jama Masjid, Bilha, Distt. Bilaspur (C.G.) ------Respondents For Petitioner:

Shri Ashish Shrivastava along with Shri Afroj Khan, Advocates.

For Respondent No.1 Shri Prateek Sharma, Advocate.

For Respondent No.2/State:

Shri UNS Deo, Government Advocate.

Single Bench:

Hon'ble Shri P. Sam Koshy, J Order On Board 8.4.2016 1.

Challenge to the present Writ Petition is order dated 14.12.2007, whereby the application under Order 39 Rule 1 & 2 was rejected by the Tribunal.

2.

Learned Counsel for the Respondents submit that pending the Writ Petition before this Court, the original suit itself has been decided finally in favour of the Petitioner vide judgment dated 28.11.2015 and which is under challenge in Civil Revision preferred by the Chhattisgarh State Wakf Board in Civil Revision No.26/2015. This fact has not been disputed by the Learned Counsel for the Petitioner.

3.

Considering the fact that the Civil Suit itself has been finally decided and is subject matter of appeal before the High Court, the interim order which is under challenge in the present Writ Petition becomes inconsequential and as such the Writ has become infructuous.

4.

Accordingly, the present Writ Petition is dismissed as having become infructuous.

Sd/- (P. Sam Koshy) JUDGE Priya