Hafiz Mohd Khalid v. The Union Of India And ORS

#39 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2145/2016 & CM APPLs. 9198-9199/2016 HAFIZ MOHD KHALID ..... Petitioner Through Mr. K.M. M. Khan, Advocate versus THE UNION OF INDIA AND ORS ..... Respondents Through Mr. Abhishek Pundir with Ms. Gunjan Bansal, Proxy Counsel for Mr. Arun Bhardwaj, CGSC for UOI.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 14.03.2016 Present writ petition has been filed seeking directions to respondents to stop the alleged illegal and unauthorised construction of boundary wall being raised by respondent no. 1-UOI and respondent no. 2-CPWD within the Wakf land bearing Khasra No. 484, Nizamuddin, Mathura Road, New Delhi.

Learned counsel for petitioner states that petitioner has made a number of representations to the respondents regarding above mentioned construction. He, however, states that respondents have failed to take any action.

A perusal of the paper book reveals that petitioner was a former Imam of the Wakf Board whose services have been terminated and the challenge to the termination order is pending adjudication before CAT. In the opinion of this Court, a writ petition at the instance of a disgruntled Imam can‟t be entertained. The aggrieved party in case of alleged illegal construction being carried out by respondent no. 1-UOI and respondent no. 2-CPWD is the Wakf Board, which, in view of this Court, is competent to defend its properties.

With the aforesaid observations, present writ petition and application are dismissed but with no order as to cost.

MANMOHAN, J MARCH 14, 2016 rn