Court No. - 34
Case :- WRIT - C No. - 6136 of 2019 Petitioner :- Waqf Dargaah Kheraj Shah Baba And Another Respondent :- Vijay Pratap Singh And 8 Others Counsel for Petitioner :- A.Z.Khan Counsel for Respondent :- Punit Kumar Gupta
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Heard Sri A.Z. Khan, learned Counsel for the petitioners and Sri Punit Kumar Gupta, learned Counsel for respondents.
2. This is a thoroughly misconceived and ill-advised writ petition. Dispute in respect of land in question is pending before Waqf Tribunal, Uttar Pradesh, Lucknow in Case No.55 of 2016 wherein an injunction order has also been passed on 28.05.2016 directing parties to maintain status-quo.
3. Now this writ petition has been filed seeking mandamus that respondents 1 to 7 be directed to maintain status-quo in respect of Wells, Grayards, Tanks. Waqf Land etc. ,measuring 9800 sq. yds. of land situated at Arazi No.520, Mohal Afzal Ali, Khata Khewat No.1, Khata Khatauni No.129, Abadi, Maswanpur, Kanpur.
4. Respondents 1 to 7 are private parties. With respect to the aforesaid land, an interim order already passed by Tribunal is operating. Writ petition against the private parties being not maintainable is thoroughly misconceived and filing of this petition amounts to abuse of process of law.
5. Writ petition is dismissed with a cost of Rs.10,000/-
Order Date :- 25.2.2019 I.A.Siddiqui