1 2026:CGHC:4508 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5408 of 2025 Mohd. Shahabuddin S/o Late Shamshuddin Aged About 47 Years R/o Village Ajad Chowk, Pendra, District Gaurela-Pendra-Marwahi C.G. ... Petitioner versus 1 - Chhattisgarh State Waqf Board Through- Chief Executive Officer, Chhattisgarh State Waqf Board Office At Ambedkar Chowk, Raipur, District Raipur C.G. 2 - Anjuman Islamiya Jama Masjid Committee, Pendra, Through- Officiating Secretary, Pendra, District- Gaurela-Pendra-Marwahi C.G. 3 - Officiating Mutwalli Anjuman Islamiya Jama Masjid Committee, Pendra, District- Gaurela-Pendra-Marwahi C.G. ... Respondents For Petitioner : Mr. Yogendra Chaturvedi, Adv. For respondent No. 1 : Mr. Prateek Singh Thakur, Adv. For Respondent No. 2 and 3. : Mr. S.N. Nande, Adv. (Hon’ble Mr. Naresh Kumar Chandravanshi, J) Order on Board 27-1-2026 1. Petitioner has preferred this writ petition (civil) under Article 226 of the Constitution of India seeking following reliefs :- “10.1.That, this Hon'ble Court may kindly be pleased to issue appropriate writ/writs, order/orders, direction/ directions and direct the respondent no.1 to pass Digitally signed by AVANISH KUMAR PATHAK Date: 2026.01.29 17:03:41 +0530 2 appropriate order directing the respondent no.3 to hand over the charge of Mutwalli with all related documents and assets/property to the petitioner immediately. 10.2.That, this Hon'ble Court may kindly be pleased to issue appropriate writ/writs, order/orders, direction/ directions and direct the respondent no.1 to take appropriate steps forthwith regarding the registration of newly elected Mutwalli Committee for Anjuman Islamiya Jama Masjid Committee Pendra. 10.3.That, this Hon'ble Court may kindly be pleased to grant any other relief as it may deem fit and appropriate.” 2. Learned counsel for the petitioner would submit that, petitioner has been elected as Mutwalli of Anjuman Islamiya Jama Masjid Committee, Pendra, District Gaurela-Pendra-Marwahi (CG) in the election conducted on 13-9-2025. He further submits that, despite several efforts made by the petitioner, the respondent No. 1 has not passed the order directing respondent No. 3 to hand over the charge of Mutwalli to the petitioner, hence he prays that respondent No. 1 be directed to direct respondent No. 3 to hand over the charge of Mutwalli to the petitioner and respondent No. 1 be further directed to passed appropriate order with regard to registration of new Mutwalli committee. 3. The respondents have filed their return affidavits. 4. Learned counsel for the respondent No. 1 would submit that after election of the petitioner as Mutwalli, a complaint was made by Mohd. 3 Sadik alleging that manipulation and irregularities have been committed during election of the subject Mutwalli election. After hearing respondent parties, the complaint made by Mohd. Sadik was dismissed by the respondent No. 1/Waqf Board. Meanwhile, Mohd. Sadik challenged the subject Mutwalli election before the Waqf Tribunal bearing MJC No. 09/2025, which is pending consideration for adjudication. He further submits that, respondent No. 1 has notified the newly elected Mutwalli committee. The issue pertaining to giving charge of Mutwalli is also pending before the Waqf Tribunal, therefore, in such a situation, respondent No. 1 is not competent to issue a direction to respondent No. 3 to hand over the charge of Mutwalli to the petitioner. 5. Learned counsel for the respondents No. 2 and 3, while supporting aforesaid submission made by learned counsel for the respondent No. 1, contended that, this writ petition is not maintainable as entire issue regarding election of Mutwalli is pending consideration before the Waqf Tribunal in MJC No. 09/2025 as election of Mutwalli has been challenged before it and out come of aforesaid case will resolve all the issues. 6. Having considered the submissions made by learned counsel for the parties, since the respondent No. 1 has already rejected the complaint filed by Mohd. Sadik challenging Mutwalli election; the respondent No. 1 has notified newly elected Mutwalli Committee; further the respondent No. 1 has annexed with its reply the registration order dated 14-1-2026, which shows that while sending copy of the same to the Collector, Distt. Gaurela-Pendra-Marwahi, it has been requested to 4 him to direct concerned Sub Divisional Officer to hand over the charge to newly Mutwalli Committee from the old Mutwalli Committee, thus, no grievance is left with the petitioner for redressal by this Court. It is further observed that, if the petitioner still has any grievance to be redressed, then he is at liberty to raise his grievance before the Waqf Tribunal as the MJC No. 09/2025 challenging the election of Mutwalli is already pending before it. 7. With the aforesaid observations, this writ petition is disposed of. 8. Interlocutory application(s), if any, also stands disposed of. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge Pathak