Hon'ble Pradeep Kumar Singh Baghel,J.
Heard Mr. Preet Pal Singh, learned counsel appearing for the petitioners, Mr. Punit Kumar Gupta, learned counsel appearing for the respondent nos.3 and 5 and learned Standing Counsel appearing for the respondent nos.1,2 and 4.
It appears to us that at the time of passing an order dated 8.11.2011 by a Division Bench of this Court in Writ-C No.63073 of 2011 (Waqf Alalaulad Khan Bahadur Khan Vs. State of U.P. & Others), the concerned Sub Divisional Magistrate was required to take appropriate action in the matter after issuing notice to the private respondents. Consequent to such order the contempt application being Contempt Application (Civil) No.2029 of 2012 was filed, which was disposed of on 12.05.2012 with a direction upon the SDM to take action in accordance with the order dated 8.11.2011. However, no notice were issued to the petitioners by the SDM and has passed the impugned order, which has been challenged by the petitioners.
Upon hearing the learned counsel appearing for the parties and going through the record, we find that the petitioners are not being heard and their statutory remedy by way of an application in the pending suit before the appropriate Tribunal under Section 83 of the Waqf Act, 1995 is pending. Therefore, if we dismiss the writ petition today then the entire proceedings before the Tribunal will be rendered infructuous.We have no intention to do so particularly when the petitioners have made an application for recalling the order passed by the other Division Bench. Hence, the complete justice will be done to the parties if the interim application in the suit is heard and disposed of upon giving fullest opportunity of hearing to the parties within a period of one month from the date of communication of this order.
Till such time no effect or further effect to the order impugned dated 21.06.2012 passed by the respondent no.3 will be given.
With the above observation, the writ petition disposed of at the stage of admission, however, without imposing any cost.
Certified copy of the order will be given to the learned counsel appearing for the parties on payment of usual charges within 24 hours.
Order Date :- 3.7.2012 pks