Nasir Ahmad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 258 of 2020 Nasir Ahmad S/o Abdual Gafur Aged About 50 Years Occupation - Business/president /sadar, Rajaa Masjid Jute Mill R/o Jute Mill, Fathamuda, Raigarh, Tahsil - Raigarh, District - Raigarh Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Religious Trust And Endowment, Naya Mantralaya, Raipur Chhattisgarh

2. Chhattisgarh State Waqf Board Through - President, Devendra Nagar, Raipur Chhattisgarh

3. Chief Executive Officer Chhattisgarh State Waqf Board, Devendra Nagar, Raipur Chhattisgarh ---- Respondents For Petitioner :

Mr. Amit Sharma, Advocate For State :

Mr. Ishan Verma, PL For Res. No.2 & 3 :

Mr. Prateek Sharma, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 21/01/2020

1. The prayer in the present writ petition is for direction to the respondents in deciding the representation in time frame manner.

2. Grievance of the petitioner seems to be that at the Raza Masjid at Jute Mill Road, Raigarh there is no committee constituted.

3. Counsel for the respondent No.2 & 3 submits that it is a case where Raza Masjid has been constructed in the year 2019 and the said masjid was constructed in lieu of demolition of an earlier masjid and which had to be demolished on account of widening of road which took place in the year 2012. Counsel appearing for respondent No.2 & 3 further submits that the said masjid, the Wakf Board has already vide order dated 15.11.2019 appointed a Committee.

4. Perusal of the record show that this order dated 15.11.2019 passed by the Wakf Board is not challenged by the petitioner before any Court of law. The only contention of the petitioner is that the order Annexure P_4 shows that Committee has been constituted for Makka Masjid and there is no Makka Masjid in existence and that the petitioner claims for formation of a Committee at Raza Masjid.

5. According to the counsel for respondent No.2 & 3 Raza Masjid and Makka Masjid is the same masjid except of the fact that Makka masjid was the earlier masjid which stood demolished in the year 2012. Raza Masjid is the new masjid constructed at the place where land was provided by the Government in lieu of the demolition of the previous masjid known as Makka majid. Therefore, Makka masjid and Raza Masjid has to be considered as the same majid.

6. Given the fact and circumstances of the case, this Court is of the opinion that no fruitful purpose would be served in issuing any sort of directions to respondent No.2 & 3 to decide the representation. If, at all, if petitioner is aggrieved of the Committee constituted by respondent No.2 & 3 on 15.11.2019 the petitioner would be at liberty to challenge the same before the appropriate forum.

7. With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Rohit