WAKF KHUDABAND TALA AND ANOTHER v. STATE OF UP AND 3 OTHERS
WRIC/5248/2025 · 2025-03-02
Shekhar B Saraf, Vipin Chandra Dixit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21409 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21409 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:30141-DB Court No. - 40 Case :- WRIT - C No. - 5248 of 2025 Petitioner :- Wakf Khudaband Tala And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Durga Tiwari Counsel for Respondent :- C.S.C.,Punit Kumar Gupta Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J.
1. Heard Ms. Durga Tiwari, learned counsel appearing on behalf of the petitioners and Sri Punit Kumar Gupta, learned counsel appearing on behalf of the respondent no.2.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioners are aggrieved by inaction on part of the respondent no.3/District Magistrate/Additional Waqf Board 817 Indra Bhawan Ashok Marg, Lucknow in considering the application filed by petitioner no.2 dated March 27, 2024.
3. Upon due consideration, we are of the view that the respondent no.3/District Magistrate/Additional Waqf Board 817 Indra Bhawan Ashok Marg, Lucknow should be directed to pass a reasoned order upon the application filed by petitioner no.2 dated March 27, 2024.
4. Accordingly, the respondent no.3/District Magistrate/Additional Waqf Board 817 Indra Bhawan Ashok Marg, Lucknow is directed to pass a reasoned order upon the representation of the petitioners dated March 27, 2024 within a period of twelve weeks from date after granting an opportunity of hearing to the petitioners and the Uttar Pradesh Shia Central Waqf Board and any other relevant persons in accordance with law.
5. Sri V.K. Upadhya, learned counsel has intervened in this matter on behalf of the Mutawalli of Waqf No.2363 of Sahranpur and submitted that the masjid is actually a Sunni property and he should also be heard while deciding the application filed by the petitioner no.2 dated March 27, 2024.
6. In light of the same, the respondent no.3/District Magistrate/Additional Waqf Board 817 Indra Bhawan Ashok Marg, Lucknow is directed to also hear the Mutawalli of Waqf No.2363 of Sahranpur while deciding the aforesaid application.
7. With the above directions, the writ petition is disposed of. Order Date :- 3.3.2025 Dev/- (Vipin Chandra Dixit,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad