Bombay High Court
Choti Masjid Public Trust And Waqf ... vs State Of Mah Thr Pso Ramnagar And 17 ... on 7 January, 2022
Bench: Avinash G. Gharote
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL REVISION APPLICATION (REVN) NO. 63 OF 2009
1. Choti Masjid Public Trust & Waqf
Committee, Through its President,
Anwar Khan,
Aged about 50 years, Occ. Service,
R/o Binaba Ward,
Chandrapur, Tah. & Distt.
Chandrapur.
2. Sayyad Haji Ali Karim Ali,
Aged about 61 years, Occ: Pensioner,
R/o. Binba Ward, Chandrapur,
Tah. & Distt. Chandrapur.
3. Anwar Ali Yusuf Ali,
Aged about 45 years, Occ: Business,
R/o. Chhota Bazar, Chandrapur,
Tah. & Distt. Chandrapur. APPLICANTS
Versus
1. State of Maharashtra,
through P.S.O. Ramnagar Police
Station, Chandrapur.
2. Sub Divisional Magistrate,
Chandrapur.
3. Baban Shamraoji Chatare,
R/o. Wadgaon Road, Chandrapur.
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4. Brahmadas Sonbaji Dighade,
R/o. Datta Nagar, Chandrapur.
5. Prakash Anandraoji Ghate,
R/o. Nanaji Nagar, Chandrapur.
6. Manoharrao Anandrao Ghate,
R/o. Ramnagar, Chandrapur.
7. Gopalrao Trembakrao Watekar,
R/o. Datta Nagar, Chandrapur.
8. Indrapal Swayawar Yadao,
R/o. Nanaji Nagar, Chandrapur.
9. Rajkumar Kamble,
R/o. Datta Nagar, Chandrapur.
10. Chandrahas Sonbaji Dighade,
R/o. Datta Nagar, Chandrapur.
11. Vikas Ganpatrao Manuskare,
R/o. Gopalpuri, Chandrapur.
12. Rauf Hashmuddin Kachhi,
R/o. Naginabagh, Chandrapur.
13. Deepak Sudhakarrao Dhanorkar,
R/o. Tukum, Chandrapur.
14. Amit Bhikulal Dhruwa,
R/o. Puglia Nagar, Chandrapur.
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15. Sunil Damodhar Jathar,
R/o. Saibaba Ward, Chandrapur.
16. Ramesh Tandekar,
R/o. Durgapur, Chandrapur.
17. Madhukar Pahanpatte,
In front of Dr. Mehras
Hospital, Behind Salim
Garage, Nagpur Road, Chandrapur.
18. Vijay Devidas Nannaware,
R/o. Shop No. 4, Near Janta
College, Nagpur Road, Chandrapur. NON-APPLICANTS
-----------------------------------------------
Mr. C.B. Dharmadhikari, Advocate for the Applicants.
Mr. Indranil J. Damle, A.P.P. for the Non-Applicant Nos 1 &
2/State.
-----------------------------------------------
CORAM : AVINASH G. GHAROTE, J.
DATED : 7th JANUARY, 2022.
ORAL JUDGMENT :-
Heard Mr. Dharmadhikari, learned counsel for the
applicants. None appears for non-applicant Nos. 3 to 18, though
served. Mr. Damle, learned APP appears for non-applicant
Nos. 1 & 2/State.
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2. The application challenges the order dated
18.02.2009 passed by the non-applicant No. 2 in respect of plot
No. 29 in the layout of Survey No. 2/1, Mouza Chanda,
Chandrapur and considering that there is a dispute regarding
the ownership of the property, directs the open space around the
Idgah Chabutra, to be kept open for public use.
3. Mr. Dharmadhikari, learned counsel for the
applicants submits, that a suit was filed before the Civil Court
regarding the title to the above property, which was disposed of
for want of jurisdiction, against which order, an appeal is
presently pending. He further submits, proceedings are also
pending before the Wakf Tribunal Aurangabad, in respect of
entitlement of the land, which has since being registered as a
Waqf land. It is thus apparent, that the entitlement of the use of
the land or for that matter its title, would be decided either in
the appeal pending before the Civil Court or the Waqf Tribunal.
The impugned order dated 18.02.2009, also records, that the
proceedings for area correction were also pending. Considering
that the impugned order merely records the open space around
the Idgah, was been used for celebrating religious functions by
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all the communities and was also made available for the public
use and directs that it should be kept open, I do not find any
infirmity in the impugned order, as it merely permits the
continuance of the use of the open land, as indicated in the
impugned order. I therefore do not find any merit in the
application and the same is accordingly dismissed.
4. In case, there is any decision either by the Civil
Court or Waqf Tribunal in respect of the land, the same would
be obviously binding upon the authorities. It is expected, that
the proceedings before the Civil Court as well as the Waqf
Tribunal would be decided as expeditiously as possible,
considering that more than a decade has been passed.
5. Rule is discharged.
6. Pending application/s, if any, shall stand disposed of
accordingly.
( AVINASH G. GHAROTE, J.)
Signed By:SHRIKANT
DAMODHAR BHIMTE
Signing Date:10.01.2022 16:57 S.D.Bhimte
