Mukhtar Hussain v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 412 of 2016 Mukhtar Hussain S/o Late Abdul, Aged About 65 Years R/o Jama Masjid Road Gaurela, Mutwalli, Anjuman Islamia Pendra Road, Tahsil & P.S. Pendra Road, District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Principal Secretary Home Government Of Chhattisgarh Naya Raipur Chhattisgarh

2. Collector / District Magistrate, Bilaspur Chhattisgarh

3. Superintendent Of Police, Bilaspur Chhattisgarh

4. Additional Superintendent Of Police Pendra Road, District Bilaspur Chhattisgarh

5. Sub Divisional Officer, Pendra Road, Tahsil Pendra Road, District Bilaspur Chhattisgarh ---- Respondents For Petitioner :

Mr. Devesh G. Kela, Advocate.

For State :

Mr. Ramakant Mishra, Dy. A.G.

For proposed Intervenor :

Mr. Akhtar Hussain, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/03/2016 Heard.

1.

Though prayer for adjournment is made by Mr. Kela on behalf of the arguing counsel, learned counsel for the State submits that the relief prayed for in the petition has already been enjoyed by the petitioner by an interim order. He submits that the congregation has already been held and there is no fresh cause of action for the petitioner. 2.

Considering the submission, further examination of the merits of

order dated 06.02.2016 of the Collector would be only an academic exercise. Therefore, I am not inclined to proceed further in exercise of discretionary jurisdiction under Article 226 of the Constitution of India. This petition is disposed off, however, reserving liberty to the petitioner to approach the Court, if in future, similar rights of the petitioner are alleged to be offended.

Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha