2025:JHHC:15625 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 4475 of 2016 1. Masjid-e-Garib Nawaz Committee through its President Firoj Khan, S/o Md. Faju Khan 2. Md. Hussain Ansrai, S/o Md. Salim Ansari 3. Rabia Khatoon, W/o Late Sri Bahadur Ali All are the resident of Vill. – Konka, Dhurwa More, P.O. & P.S. Mccluskiganj, Dist. Ranchi … … Petitioners Versus 1. State of Jharkhand 2. The Chairman, Jharkhand State Sunni Wakf Board, Ranchi, Audrey House, Kanke road, Ranchi, P.O. & P.S. Gonda, Dist. Ranchi. 3. The C.E.O., Jharkhand State Sunni Waki Board, Ranchi, Audrey House, Kanke Road Ranchi, P.O. & P.S. - Gonda, Dist. – Ranchi 4. The Deputy Commissioner Ranchi, New Collectorate Building. Kutchery Road, Ranchi, P.O. G.P.O., P.S. Kotwali, Dist. Ranchi 5. S.D.O. Ranchi, New Collectorate Building, Kutchery Road, Ranchi, P.O.-G.P.O., P.S. - Kotwali, Dist. – Ranchi 6. Senior Superintendent of Police, Ranchi, New Collectorate Building, Kutchery Road, Ranchi, P.O. G.P.O., P.S. - Kotwali, Dist. – Ranchi 7. Deputy Superintendent of Police, Khelari, P.O. & P.S. - Khelari Dist. – Ranchi 8. C.I.O. Khelari, P.O. & P.S. - Khelari, Dist. - Ranchi 9. Officer-in-Charge Mccliskiganj Police Station, Khelari, PO & P.S.- Khelari, Dist. – Ranchi 10. The Mutwalli, Madina Masjid namely Md. Aziz Ansari, S/o Haji Alizan 11. The President (Sadar), Madina Masjid namely Sheikh Latif, S/o Haji Alizan 12. The Secretary, Madina Masjid namely Habib Ansari, S/o Alimuddin Ansari 13. The Cashier, Madina Masjid namely Imamuddin Ansari, S/o Late Bahadur Ali Respondents No. 10 to 13 are the resident of village Lapra, P. O. & P.S. - Mccluskiganj, Dist. - Ranchi … … Respondents --- CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioners : Mr. Md. Kaisar Alam, Advocate 2025:JHHC:15625 2 For the Resp. Nos. 2 and 3 : Mr. Afaque Ahmad, Advocate For the State : Ms. Shilpi, Advocate --- 22/13th June 2025 1. Learned counsel for the parties are present. I.A. No. 10588 of 2024 2. Learned counsel for the petitioners has submitted that the petitioner No. 3 has expired and therefore this interlocutory application seeking to delete the name of petitioner No. 3 from the cause title has been filed. 3. Learned counsel for the State has confirmed that the petitioner No. 3 has expired. 4. Considering the aforesaid submission, I.A. No. 10588 of 2024 seeking to delete the name of petitioner No. 3 from the cause title is hereby allowed. 5. Learned counsel for the petitioners is directed to delete the name of petitioner No. 3 from the cause title in red ink during the course of the day. W. P. (C) No. 4475 of 2016 6. This writ petition has been filed for the following reliefs: - “I. For the quashing of letter of the Jharkhand State Sunni Waqf Board, Ranchi vides Memo No. - W.B. 204/2013 - 14 dated 09.12.2015 whereby and where under the said Board have registered an false and illegal Masjid committee named as Madina Masjid Committee situated at Mauza Ronka, Lapra, Mecluskigunj, Anchal - Khelari, Dist. Ranchi (Jharkhand), Pin Code 829208 which actually having no any physical existence in the said Mauza of the Khelari, Ranchi. II. For taking legal action against the concerned respondents who have wrongly registered a Masjid Committee in place of the Masjid-E-Garib Nawaz Committee without making any proper enquiry of the Waqf property, produced before the Board for the registration, for their own wrongful gain and with intension to provide wrongful gain to the concerned respondents. 2025:JHHC:15625 3 III. Further for taking legal action against the Respondent no. 8 who are harassing the petitioners and others members of the Sunni Baraelwi Masjid Committee of village Dhurwa More, Konka, Mccluskiganj, Khelari without making any proper investigation of the valid documents of the Waqf property of the Masjid for some ulterior motives. IV. And further to set up legal inquiry of the fact and legal documents of the immovable property of the Masjid Committee which had been registered by the concerned respondent. V. And further for taking legal action/inaction against the Respondents No. - 10 to 13 who are providing wrong information to the administration and other Government Officials and misguided them for their wrongful gain. VI. And further for directing the concerned local administration for restraining to the Respondents No. 10 to 13 not to disturb or interfere in the management of the Sunni Baraelwi Masjid Committee commonly known as "Masjid - E - Garib Nawaz Committee" situated at village Dhurwa More, Konka, Mccluskigunj, Khelari and in the matter of appointment of the Pesh E Imam, Moizin etc. which has been appointed by the management of the Sunni Baraelwi Masjid Committee commonly known as “Masjid - E - Garib Nawaz Committee” situated at village Konka, Dhurwa More, Mccluskigunj, Khelari in the light of advice of the Wakif, the petitioner no. - 3 and her legal heirs. VII. And for directing the respondents to maintain status quo on the matter of appointment of the Pesh-e-Imam, the Moizin and the Standing Committee of the Sunni Baraelwi Masjid Committee situated at village Konka, Dhurwa More, Mccluskigunj, Khelari which has been smoothly and efficiently running since the establishment of the said Masjid on the Waqf property. VIII. And further directing the concerned respondents to provide protection to the petitioners and all members of the Sunni Baraelwi Masjid Committee commonly known as "Masjid E Garib Nawaz Committee" situated at village Konka, Dhurwa More Mccluskigunj, Khelari including the Pesh-E-Imam and the Moizin against the Respondents No. - 10 to 13 and their members who are continuously 2025:JHHC:15625 4 instigating antisocial elements (Naxalities) to acquire the immovable Wakf property of the petitioners for some ulterior motives and threatening to leave the premises of the said Masjid. AND/OR For issuing any other writ / writs, order / orders, direction /directions as Your Lordships may deem fit and proper in the facts and circumstances of the present case of the petitioner for the end of the justice.” 7. The learned counsel for the petitioners has submitted that the entire case of the petitioners has been summarized in paragraph 6 of the writ petition and he has referred to Annexure-5 (gift deed) to the writ petition which gives the details of the property which was donated by the donor Rabia Khatoon (original Petitioner No. 3) in favour of the petitioner- Masjid-e-Garib Nawaz Committee. He has submitted that the description of the property is clearly mentioned in Annexure-5 (gift deed) which is same as the description given in paragraph 6 of the writ petition. The description of property in Annexure-5 (gift deed) is as under: - “जमीन हकियत िायमी खरीदगी वो मौजा िोनिा, मोहल्ला धुवाा मोड़, िोनिा, थाना खखलारी, थाना न०-8. कजला-राांची िे अन्दर खेवट न०-2, आर०एस० खाता न०-26, आर०एस० प्लॉट न०-15, िु ल रिबा -1 (एि) एिड मधे रिबा 7 (सात) कडसकमल जो एलाि मुतअलिे िलेक्ट्री वो कडस्ट्रीक्ट् सब रकजस्ट्रार मोिाम राांची िे वािे है। कजसिी चौहद्दी हस्बे जैल है - उत्तर :- प्लॉट न०-15 दकिण :- जहीर अांसारी िा मिान पूरब :- मेन रोड पकिम :- प्लॉट न०-15” 8. The learned counsel has submitted that the grievance of the petitioners is that the respondent Nos. 10 to 13 representing the Management of Madina Masjid started claiming the property of the petitioners. The learned counsel has submitted that the said management of Madina Masjid have their claim on a different property situated in Konka bearing Khata No. 26, plot No. 41 and Khata No. 19 plot No. 30 2025:JHHC:15625 5 as is apparent from Annexure-1 (registration certificate of their property) He submits that there is complete mismatch, but on the spot, the aforesaid respondents are claiming the property which in fact belong to petitioners. The learned counsel has also submitted that even the Circle Officer has furnished a wrong report with respect to the spot description of the property. The learned counsel has submitted that the Circle Officer has also wrongly stated that on khata No. 26 plot No. 41 and Khata No. 19 and plot No. 30 Madina Masjid is situated and not Masjid-e-Garib Nawaz. 9. The learned counsel submits that in such circumstances, the present writ petition has been filed for the aforesaid reliefs. 10. Learned counsel appearing on behalf of the respondent state has submitted that this writ petition is not maintainable. 11. Learned counsel appearing on behalf of respondent Nos. 2 and 3 has submitted that the Waqf Tribunal would have the necessary jurisdiction to decide such an issue involved in the present case. He has also referred to the counter-affidavit filed on behalf of respondent Nos. 2 and 3 and in particular referred to paragraph 6, 9 and 11 thereof to submit that the property involved in this case is located in Khata No. 26 plot No. 41 and Khata No. 19 Plot No. 30 and the name of the village is Konka. The learned counsel has also submitted that such dispute with regard to immovable property and its identification, location etc cannot be resolved through writ jurisdiction. He has submitted that the Tribunal would have the necessary jurisdiction, but in case the petitioners are of the view that the Tribunal does not have the jurisdiction, then also, this Court may not have the jurisdiction to decide property dispute in writ petition and then it is for the petitioners to take appropriate steps through Civil Court. 12. After hearing the learned counsel for the parties, the specific case of the petitioners as recorded in paragraph 6 of the writ petition is as under: - “6. That the fact of the case is that the Masjid - E-Garib Nawaz is situated at Village - Konka, Dhurwa More, P.O. & P.S. Mccluskiganj, Anchal Khelari, Dist. Ranchi, Jharkhand and erected on the Khatiayani and Raiyati land bearing Khewat No. 2, R.S. Plot No. 15, Khata No. – 26, 2025:JHHC:15625 6 Rakba – 7 decimal out of total Rakba – 1 acre Waqf by the Rabiya Khatoon, the petitioner no. -3. The said Immovable property was formally purchased by the deceased, Bahadur All, through Sale Registered Deed No. 5486 vides dated 19.09.1961 from Pramod Kumar Ray, attorney for the Surat Kumar Ray Choudhary, S/o D.N. Ray Choudhary. And in the year 1972 Bahadur Ali has given the said registered land to her legally wedded wife namely Rabiya Khatoon, the petitioner no.3, in the form of Bakshish. Subsequently in 1973 Rabiya Khatoon, who has received the said immovable property from her deceased husband had Orally Wakf the same in favour of the Sunni Baraelwi Masjid Committee situated at Masjid Mohalla, Dhurwa More, Konka, Mccluskiganj, Ranchi now commonly known as "Masjid - e -Garib Nawaz Committee" in her sound mental and physical state without any coercion and undue influence in presence of her entire family members as witnesses for the betterment of her heavenly life. The management of Sunni Baraelwi Masjid has been looks after by the Sunni Baraelwi Masjid Committee, i.e. the follower of "Ahle Sunnat Baraelwi Aqedat Jammat" from the date of its establishment. The Respondents No. 10 to 13 are the persons of followers of the "Deo-Bund Aqedat", who begins to claim the said the immovable property of the Masjid as their own property since last 5 years and creating nuisance in the management of the "Masjid E-Garib Nawaz Committee" without any legal documents only on the basis of man power. They have tried their best to take over the possession of the management of the said Masjid for the purposes of appointment of their own choice Pesh-E-Imam, Moaizin and others Official of the Masjid Committee without the interference of the petitioners who is the legal and valid committee of the said Masjid since their establishment. The concerned Respondents have also several times insulted the Peshe Imam, Moaizin and others Official of the Sunni Baraelwi Masjid Committee commonly known as "Masjid - E-Garib Nawaz" Committee and also assaulted them brutality. Further they were also falsely implicated 2025:JHHC:15625 7 into a concocted and fabricated criminals cases by the Concerned Respondent for their no fault at all which are still pending in the Ranchi Civil Court, Ranchi. The petitioners and others members of the "Masjid - E-Garib Nawaz" Committee are regularly being threatened by the concerned respondents for leaving the Masjid and their management by taking the local administration into a false misrepresentation and misguidance. The Respondents No. 10, somehow finally, manage to get registration of a illegible Masjid Committee namely Madina Masjid Committee from the Jharkhand State Sunni Wakf Board, Ranchi by showing false & illegal created and dedicated documents for the up keep of the Madina Masjid Committee situated at Mauza Ronka, Lapra, Mccluskiganj, Khelari but in the real sense there is no any physical and real existence of the said Masjid in the said registered place. Thereafter Respondents No. - 10 along with their followers by taking into the side of the local administration started strongly to claim "Masjid-E-Garib Nawaz" as their Madina Masjid by virtue of their said registration. Also the Respondent No.-8. under the influence of the Respondents No. 10, begins to harass the members of the Sunni Baraelwi Masjid Committee without making proper enquiry of the legal documents and material facts of the Masjid and Wakf documents made by the petitioner no.3 and also never felt necessary to enquire the same from the petitioner no. - 3 itself for the end of the dispute peacefully. Hence, this Writ petition is being filed in the interest of justice.” 13. So far as counter-affidavit filed on behalf of the respondent Nos. 2 and 3 is concerned, they have taken a specific stand in the counter- affidavit mentioning that the property involved in this case is located at khata No. 26 plot No. 41 and khata No. 19 plot No. 30 in village Konka. Certain reports have been annexed along with the counter-affidavit. Paragraph 6, 9 and 11 of the counter-affidavit filed by the respondent Nos. 2 and 3 are quoted as under: - 2025:JHHC:15625 8 “6. That Jharkhand State Sunni Waqf Board through letter no.36 dated 12.6.2014 issued by the Chief Executive Officer, Jharkhand State Sunni Waqf Board requested the District Administration, Ranchi for verification of the said waqf property/land and in pursuance of the said letter, Additional Collector, Ranchi through letter dated 3.3.2015 informed that the waqf property namely Madina Masjid, Mouza Lapra, P.S. + P.O. Macluskiganj, Anchal Khalari, District Ranchi was verified by the Circle Officer, Khalari and as per the inspection report of the said Circle Officer, Madina Masjid, Macluskiganj is situated at village Ronka bearing Khata No.26 Plot No.41 and Khata No.19 Plot No.30. Further in the said report it has been mentioned that Bahadur Ali son of Sk. Ahmad Rai and Zahir Ansari have donated 6 decimals of land to the Masjid from their own raiyati land on which presently Masjid is situated. 9. That the answering respondent on coming to know, issued a letter bearing no.27 dated 14.2.2017 addressed to Additional Collector, Ranchi with a request to re-inspect the said registered property and provide clear inspection report to the Waqf Board. 11. That it is stated that the Additional Collector, Ranchi through letter dated 27.5.2017 has informed the Chief Executive Officer, Jharkhand State Sunni Waqf Board, Ranchi enclosing the letter dated 26.5.2017 issued by the Circle Officer, Khalari stating therein that within Khalari Circle in Macluskiganj village Konka, P.S. No.08 on Khata No.26 Plot no.41 and Khata No.19, Plot No.30 Masjid is situated but in earlier report due to clerical mistake in place of village Konka it was mentioned village Ronka and therefore in the aforesaid regard village Konka P.S. No.08 be deemed in place of village Ronka.” 14. It has been pointed out jointly by the parties that there is no mouza called Ronka and the mouza is Konka. A corrigendum to that effect has been issued by the Welfare Department vide letter No. 9 dated 23.01.2019 annexed as annexure-R 3/f to the counter-affidavit filed by the respondent Nos. 2 and 3. 15. This Court is of the considered view that the dispute in relation to immovable property and its identity, location etc cannot be decided 2025:JHHC:15625 9 through writ jurisdiction and accordingly, this court is not inclined to proceed any further in this writ petition. In such circumstances, it would be sufficient to observe that it will be open to the petitioners to avail their remedy as may be permissible under law and this order will not prejudice any party to this writ petition or any other person. 16. This writ petition is accordingly disposed of. 17. Pending I.A., if any, is closed. (Anubha Rawat Choudhary, J.) Mukul