Court No. - 29
Case :- WRIT - C No. - 41250 of 2019 Petitioner :- Rahmat Ali Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Gulrez Khan,Javed Husain Khan Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard Sri Javed Husain Khan, learned counsel for the petitioner and learned Standing Counsel for the respondents no. 1, 5, 6 & 7.
The respondent no. 2 Smt. Mahira Khatoon is wife of respondent no. 3 Nemat Ali. She has been awarded maintenance under Section 125 Cr.P.C. In order to realise the aforesaid maintenance, the property in question has been attached. The petitioner who is brother of the respondent no. 3 has filed this petition seeking quashing of the entire proceedings of attachment of the land in question on the ground that it is a waqf property. The petitioner is not a 'Muttuwali' of the waqf. The Mutuwalli has not raised any grievance regarding attachment if it as a waqf property. Therefore, the petitioner has no locus to maintain this petition. Moreover, if the petitioner is in any way aggrieved he may raise objection in the execution.
In the facts and circumstances, the writ petition is not only misconceived but is also not maintainable.
The writ petition is dismissed.
Order Date :- 17.12.2019 nd