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2025 DAILYLAW 37881 (CHH)

SHAHID KHAN PINJARA v. DR. SALIM RAJ

CONT/1331/2025 · 2025-08-25

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 1331 of 2025 1 - Shahid Khan Pinjara S/o Mohd. Shabuddin Khan Pinjara Aged About 41 Years R/o Mahamai Ward, Chudi Line Mungeli, District Mungeli (Chhattisgarh) 2 - Abdul Sattar Khan S/o Abdul Gaffar Khan Aged About 59 Years R/o House No. 2, Gandhi Ward Tahsil And District Mungeli (Chhattisgarh) 3 - Ishak Khokhar S/o Late Mohd. Ibrahim Khokhar Aged About 52 Years R/o Bhawan No. 12, Malviya Marg, Param Hans Ward, Near Gurudrawa, Tahsil, District Mungeli (Chhattisgarh) 4 - Mohd. Aziz S/o Mohd. Safik Aged About 51 Years R/o Bhawan No. 52/1, New Bus Stand Shiv Ji Marg, Mungeli, Tahsil, District Mungeli (Chhattisgarh) 5 - Saiyyad Usman Ali Manihar S/o Saiyyad Garib Ali Aged About 61 Years R/o Yusuf Marg Mahamai Marg, Ward No. 14, Tahsil District Mungeli (Chhattisgarh) 6 - Abdul Halim Khan S/o Abdul Hakeem Khan Aged About 55 Years R/o Shankar Ward, Malhapara, Mungeli, Tahsil District Mungeli (Chhattisgarh) ... Petitioner(s) versus 1 - Dr. Salim Raj Chairman of Chhattisgarh State Wakf Board Raipur, Chhattisgarh. 2 - Pawan Kumar Incharge Chief Executive Officer, Office Of Chhattisgarh State Wakf Board Raipur, Chhattisgarh. ... Respondent(s) For Petitioner (s) : Shri Mirza Hafeez Baig, Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 26.08. 202 5 1. The present contempt petition has been filed alleging willful non compliance of the order dated 18.07.2025 passed by the co-ordinate Bench of this court in WPC No.3705 of 2025 whereby the writ petition Digitally signed by INDRAJEET SAHU Date: 2025.08.30 12:26:42 +0530 2 was dismissed as having become infructuous and liberty was granted to the petitioner to file fresh petition if any new cause of action arises. 2. Learned counsel for the petitioners would submit that the petitioner had filed the said writ petition against election of Mutvalli in Sunni Hanfi Muslim Zamat Kachhi Masjid Mungeli which was scheduled on 19.07.2025. On the assurance of the respondents that subject election of Mutvalli was stayed, the petitioner did not press the writ petition on account of it having become infructuous in view of assurance/submissions given by the respondents, however, liberty was granted to the petitioners to file fresh writ petition if any new cause of action arises. He would also submit that on 18.07.2025 itself the stay on election of Mutvalli was removed and a letter was issued by the President, Chhattisgarh Waqf Board to the Collector, Mungeli to that effect, which thus affects the rights of the petitioners and deliberate action of the respondent authority to get the writ petition disposed of frustrated the ultimate decision of this court. The action of the respondent authorities are malafide and arbitrary which thus amounts to contempt of the court. 3. I have heard the counsel for the petitioner and perused the material annexed with the petition. 4. From perusal of order dated 18.07.2025 it transpires that the writ petition was dismissed as having become infructuous on the submissions made by the counsel for the petitioners that the election scheduled for 19.07.2025 was stayed. Liberty was also reserved in favour of the petitioners to file fresh writ petition if any new cause of action arises. For the reasons best known to Chhattisgarh State Waqf Board, the stay on the election of Mutvalli at the said Masjid Mungeli 3 was removed which was intimated to the Collector Mungeli. The said action of the Chhattisgarh State Waqf Board gave another cause of action to the petitioners to file fresh writ petition under the liberty granted to them vide order dated 18.07.20225. I do not find any deliberate action on the part of the respondents to issue them notices for contempt of court. The said writ petition got dismissed as having become infructuous on the statement made by the petitioners themselves and they are having liberty to redress their grievance by filing fresh fresh writ petition. 5. Accordingly the contempt petition is liable to be and is hereby dismissed in limine. Sd/- (Ravindra Kumar Agrawal) Judge inder