Saiyyad Iqbal Ahmad Rizvi v. Faizal Rizvi

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2220 of 2016 • Saiyyad Iqbal Ahmad Rizvi S/o Late Saiyyad Ahmad Rizvi, Aged About 70 Years R/o Rizvi Baanstaal, G. E. Road, Tahsil And District Raipur, (Chhattisgarh) ---- Petitioner

Versus

1. Faizal Rizvi, Aged About 48 Years

2. Faraaz Rizvi, Aged About 44 Years Both are sons of Late Saiyyad Afzal Ahmad Rizvi, R/o In Front Of Millennium Plaza, Baanstaal, G. E. Road, Tahsil And District Raipur, (Chhattisgarh)

3. State Of Chhattisgarh, Through The Collector, Raipur, (Chhattisgarh) ---- Respondent For Petitioner Shri M. K. Bhaduri, Advocate For Respondent-State Shri B. Gopa Kumar, Dy. AG Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 05/09/2016 1.

The petitioner is aggrieved by the impugned order passed by the Board of Revenue, Bilaspur, whereby his revision application has been rejected, which in turn was preferred against the order passed by the Additional Commissioner, Raipur Division on 11.12.2014 allowing respondents' application under Order 1 Rule 10 CPC to join the Wakf Board of Chhattisgarh as party respondent.

2.

The dispute between the parties is concerning a property, wherein an issue is also to the effect that whether the property belongs to the Wakf Board.

3.

In view of the issue involved, it cannot be said that the Wakf Board is a stranger to the dispute and has no say in the matter. Once the Additional Commissioner and the Board of Revenue have exercised their judicial discretion to implead a party so that the lis can be decided in a more objective manner, no fault could be found with such exercise of discretion.

4.

For the foregoing, there is no substance in the writ petition, it fails, and is hereby dismissed.

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala