1 2025:CGHC:11445 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1303 of 2025 1 Mohd. Yusuf Chauhan S/o Lt. Mohd. Ibrahim Chauhan Aged About 66 Years R/o Ward No. 30, Moti Para Durg, Tah And Distt. Durg Chhattisgarh ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh 492002 2 Collector District Durg Chhattisgarh 3 Sub-Divisional Officer-Cum-Wakf Survey Commissioner Durg, District Durg Chhattisgarh 4 Chhattisgarh State Wakf Board Through Its Chief Executive Officer, In Front Of Statue Of Dr. Bhimrao Ambedkar, Collectorate Square, Raipur, District Raipur Chhattisgarh 5 Intezamia Committee Jama Masjid, Durg, Through Its Mutawalli, District Durg Chhattisgarh JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.03.07 17:05:18 +0530 2 6 Mutawalli Management Committee Intezamia Committee, Jama Masjid, Through Its Mutawalli, Durg District Durg Chhattisgarh 7 Mohd. Rizwan Khan Mutawalli, Intezamia Committee, Jama Masjid, Durg District Durg Chhattisgarh 8 Municipal Corporation Durg Through Its Commissioner, District Durg Chhattisgarh 9 Building Officer Municipal Corporation Durg, District Durg Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Hari Agrawal, Advocate For Respondent(s)/ State : Shri Satish Gupta, G.A. with Shri Khulesh Shau, P.L. For Respondent No. 4 : Shri Prateek Sharma, Advocate For Respondents No. 6 & 7 : Shri Sumit Shrivastava, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 07/03/2025 Heard. 1. By the present writ petition, the petitioner, is seeking a direction 3 towards the respondent authorities to take appropriate action against the respondents No. 6 & 7, who are raising construction in the premises of Jama Masjid, Durg in violation of direction given by the State Wakf Board. 2. Learned counsel for the petitioner by referring pg No. 27 which is a communication dated 25.09.2024 by which the CEO, State Wakf Board has directed respondent No. 7/ Mohd. Rizwan Khan, Mutawalli, Intezamia Committee, Jama Masjid , Durg to raise construction in the Masjid premises after taking permission from the local administration including the municipal corporation, however, without taking permission from the local administration the construction is being made by the respondent No. 7. He further submits that some of the resident of the area have approached the C.G. State Wakf Board/ respondent No. 4 on 20.01.2025 bringing the said fact before the State Wakf Board, however, no action has been taken by the Wakf Board. He further submits that the petition be disposed off with a direction to the State Wakf Board/ respondent No. 4 to consider the application submitted by the respondents on 20.01.2025 (pg 33). 3. Learned counsel for State Wakf Board/ respondent No. 4 submits that if the application is still pending, the same will be considered in accordance with law and necessary action will be taken. 4. I have heard learned counsel for the parties and perused the communication dated 25.09.2024 issued by the C.G. State Wakf 4 Board to respondent No. 7. 5. Perusal of the said communication shows that C.G. State Wakf Board has directed respondent No. 7 to make construction by taking prior permission from local administration including municipal corporation. Further, perusal of pleadings of the petitioner shows that respondent No. 7 is raising construction without any permission from the local administration. Further, the persons of the said locality have submitted a representation before the Respondent No. 4/ State Wakf Board dated 20.01.2025 but no action has been taken. 6. Considering the same, the respondent No. 4/ the C.G. State Wakf Board is directed to consider the grievance of the petitioner and decide the application dated 20.01.2025 and take necessary steps on the application filed by the petitioner, in accordance with law, on its own merits, within a period of 30 days, from the date of receipt of a copy of this order. 7. With the aforesaid observation, the petition stands disposed off. Sd/- (Bibhu Datta Guru) JUDGE Jyoti