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2026 DAILYLAW 10749 (CHH)

HANIF KHAN v. STATE OF CHHATTISGARH

WPC/2056/2026 · 2026-04-28

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 2026:CGHC:19818 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2056 of 2026 1 - Hanif Khan S/o Rajjak Khan, Aged About 38 Years Mutawalli Jama Masjid Muslim Trust Kawardha District Kabirdham (C.G.) R/o Ward No. 22, Nawab Mohalla, Kawardha, District Kabirdham (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Minority Affairs, Mahanadi Bhawan, Nava Raipur, Atal Nagar District Raipur (C.G.) 2 - Chhattisgarh State Waqf Board, Through- Chief Executive Officer, Chhattisgarh State Waqf Board Office At Ambedkar Chowk, Raipur, District Raipur (C.G.) 3 - District Collector, Kabirdham, District Kabirdharm (C.G.) 4 - Mohd. Ajmal Khan, S/o Taiyum Khan, Aged About 45 Years R/o Ward No. 18, Beach Para, Kawardha, District Kabirdham (C.G.) ... Respondent(s) For Petitioner(s) : Shri Yogendra Chaturvedi, Advocate. For State/Respondent : Shri Sabyasachi Choubey, GA. For Respondent No.2 : Shri Prateek Sharma, Advocate. S B: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 29/04/2026 1. This Writ Petition has been filed against the impugned recommendation dated 18.03.2026 made in the name of Respondent No.2 requesting the Respondent No.3 to pass appropriate order to the concerned officers to stay the process in respect of construction of shops and allotment thereof which is conducted by AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.05.01 11:47:15 +0530 2 petitioner and his committee i.e. Jama Masjid Muslim Trust Kawardha. 2. At the outset, learned counsel for Respondent No.2 submits that there is already an alternative remedy available to the petitioner for redressal of his grievance, however, the petitioner without availing himself of the said remedy has directly filed this petition which is not maintainable. 3. After arguing for some time, learned counsel for the petitioner in reply to the submission made by learned counsel for Respondent No.2 submits that he may be permitted to withdraw this petition with liberty to approach the concerned Tribunal being aggrieved by the action of Chief Executive Officer, CG State Waqf Board as they have also passed order dated 23.04.2026 subsequent to filing of this Writ Petition. 4. Considering the aforesaid aspect of the matter and because there is alternative remedy available to the petitioner, this Court directs the petitioner to avail alternative remedy available to him under the law thereby challenging the action of Respondent No.2 including the order dated 23.04.2026 passed by Chhattisgarh State Waqf Board. 5. In the eventuality of petitioner approaching the Tribunal by filing appropriate application/petition in this regard, the Tribunal shall consider the case of the petitioner and pass appropriate order on its own merits within a period of 30 days from the date of filing of such application. 6. With the aforesaid direction, this Writ Petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Avinash