Managing Committee Masjid And Qabristan Chamelian v. The Commissioner Of Police And ORS

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15142/2021 & CM APPL. 47712/2021 MANAGING COMMITTEE MASJID AND QABRISTAN CHAMELIAN .....Petitioner Through:

Mr. Bharat Bhushan Bhatia, Mr. Md.

Javed, Advocates.

versus THE COMMISSIONER OF POLICE AND ORS .....Respondents Through:

Mr. Tushar Sannu, SC with Ms.

Ishika Jain, Advocates for DWB with Md. Asif Iqbal.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 29.10.2025 1.

The petitioner is the Managing Committee of Masjid and Qabristan, Chamelian at Bara Hindu Rao, Delhi ["the Committee"], constituted in terms of an office order of respondent No. 2 - Delhi Waqf Board ["the Board"] dated 12.11.2021.

2.

The petitioner has filed this petition under Article 226 of the Constitution, seeking directions upon the Board and police authorities to hand over the waqf properties constituted in Masjid and Qabristan, Chamelian, to them, and to restrain unauthorised and illegal persons from carrying out any activities at the Masjid and Qabristan, Chamelian. The Committee also sought directions to provide police protection to its president and members.

3.

At the very outset, the office order dated 12.11.2021, upon which the petitioner relies, constitutes the Managing Committee "for one year only W.P.(C) 15142/2021 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/11/2025 at 12:17:20

with effect from 12-11-2021". Although the affidavit filed by the Board dated 08.07.2024 states that no new Management Committee has been constituted, and that the Board itself has been dissolved, this does not by itself establish the status of the present petitioner-Committee to continue to manage the property. Having regard to the fact that documents upon which the petitioner-Committee relies, confers the right to manage the property in question only for a period of one year, I am of the view that the relief sought in the present petition has been rendered infructuous. 4.

However, as the affidavit filed by the Board is ambiguous as to the present status of the Managing Committee, the Board is directed to take a fresh decision as to the arrangements for management of the property in question within a period of four weeks from today. In the event it is decided to continue the petitioner-Committee, whether by way of an interim arrangement or otherwise, the petitioner-Committee will be informed accordingly and necessary consequential steps taken. In event the grievance of the petitioner-Committee remains, the petitioner is free to approach the Court on the same cause of action.

5.

The writ petition, alongwith the pending application, is disposed of with these observations.

PRATEEK JALAN, J OCTOBER 29, 2025 'Bhupi'/AD/ W.P.(C) 15142/2021 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/11/2025 at 12:17:20