WAQF KABRISTAN KHANDANI v. STATE OF U.P. AND 4 OTHERS
CMRA/120/2025 · 2025-05-15
Shekhar B Saraf, Vipin Chandra Dixit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36664 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36664 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:81965-DB Court No. - 40 Case :- CIVIL MISC REVIEW APPLICATION No. - 120 of 2025 Applicant :- Waqf Kabristan Khandani Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Puneet Bhadauria Counsel for Opposite Party :- C.S.C.,Rakesh Kumar Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J.
1. Heard Sri Puneet Bhadauria, learned counsel appearing on behalf of the review applicant, Sri Rakesh Kumar, learned counsel appearing on behalf of the petitioner in the writ petition and Sri Punit Gupta, learned counsel appearing on behalf of Waqf Board.
2. This is an application for review of the order dated February 7, 2025 passed in Writ-C No.37958 of 2024. The said order is delineated below:
"1. Heard counsel appearing on behalf of the parties.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the inaction on the part of the respondent authorities, being the respondent No.3 herein, in complying with the order dated August 28, 2023 passed by the U.P. Sunni Central Waqf Board seeking demarcation of the waqf property belonging to the petitioner and the respondent No.5.
3. Upon hearing the counsel appearing on behalf of the parties and perusing the documents, we are of the view that the respondent No.3, being the Sub Divisional Officer, Karhal, District Mainpuri, should be directed to demarcate the property of the petitioner and the respondent No.5 so that a boundary wall can be built by the petitioner on his property. The entire exercise should be completed within a period of eight weeks from date.
4. With the above directions, the writ petition is disposed of."
3. Upon perusal of the aforesaid order, it is clear that the same was an innocuous order directing the Sub Divisional Magistrate concerned to comply with the order dated August 28, 2023 passed by the U.P. Sunni Central Waqf Board for demarcation of the waqf property.
4. Counsel appearing on behalf of the review applicant submits that the review applicant represents the waqf bearing name Waqf Kabristan Khandani. He further submits that in the guise of the
order obtained by this Court, the petitioner in the writ petition has converted the public graveyard into private graveyard.
5. In our view, the review sought by the applicant is not possible within the principles established under Order 47 Rule 1 of the Code of Civil Procedure, 1908.
6. In light of the same, the review application is dismissed with liberty granted to the review applicant to take action in accordance with law before the appropriate forum for redressal of his grievance that has arisen due to the fresh cause of action.
Order Date :- 16.5.2025 Kuldeep (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad