1 2025:CGHC:6505 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5341 of 2024 1. Sargaon Muslim Committee Through Secretary Wahab Khan Attorney S/o Abdul Sattar Khan Aged 45 Years, R/o Ward No. 15, Saragaon Tah. Pathariya District Mungeli ( C.G.). ... Petitioner Versus 1. The Chhattisgarh Wakf Board Through its Chief Executive Officer Collectorate Chowk, Raipur District- Raipur, Chhattisgarh. 2. Abdul Mannan S/o Abdulla Aged About 60 Years R/o Near Dhureshwari Mandir, Sargaon, Tahsil Pathariya District Mungeli ( C.G.). 3. Masud Khan S/o Late Rahim Khan Aged About 45 Years R/o Sargaon Teh. Pathariya District Mungeli ( C.G.). Present Address Juni Line Bilaspur Tah. Bilaspur, District Bilaspur ( C.G.). 4. State Of Chhattisgarh Through Collector Dist. Mungeli 5. Wakf Tribunal Raipur Through Its President (Presiding Officer) Shankar Nagar, District Raipur ( C.G.). 6. Nayab Tahsildar Sargaon Tah. Pathariya District Mungeli (C.G.). 7. Officer In Charge Police Station Sargaon Tah. Pathariya District Mungeli (C.G.). ... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri Badruddin Khan, Advocate For Respondent No.1 : Shri Anup Mazumdar, Advocate For Respondent No.2 : Shri Aman Kanshley, Advocate appears on behalf of Ms Sareena Khan, Advocate For Respondent/State : Shri Praveen Das, Dy. Adv. General 2 Order on Board By Bibhu Datta Guru, J. 5/2/2025 1. On the last date of hearing, learned State counsel was directed to file an affidavit of competent officer clarifying as to whether the Waqf Tribunal is operating or not and the coram is there or not. 2. Today by filing an affidavit of the SDM, learned counsel for the State would submit that now the Waqf Tribunal is functioning and the coram is duly complete as the Member of the Tribunal has been appointed vide order dated 5-12-2024 pursuant to the order of this Court in WPC No.3932 of 2024. He would further submit that after appointment of third Member on 5-12-2024, now the Waqf Tribunal is constituted with three Members for efficient working of the Tribunal. Since the petitioner has already filed an appeal before the Waqf Tribunal on 9-9-2024 the Tribunal will consider and decide the same, in accordance with law. 3. I have heard learned counsel appearing for the parties and perused the affidavit of the SDM. 4. Considering the entire facts and circumstances of the case and particularly considering the fact that since the Waqf Tribunal is functioning, the writ petition is disposed of with a direction to the Waqf Tribunal to make all possible endeavour to consider and decide the pending suit of the petitioner expeditiously, in accordance with law and on its own merits. 5. In the meanwhile, the Tribunal may consider and decide the application filed by the petitioner under Section 39 Rule 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908. Till deciding the said application, the interim order dated 24-10-2024 passed by this Court shall remain operative. 6. Accordingly, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Gowri K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.02.05 17:57:52 +0530