M P Waqf Board vs The State Of Madhya Pradesh
2024 Latest Caselaw 4405 MP

Madhya Pradesh High Court

M P Waqf Board vs The State Of Madhya Pradesh on 15 February, 2024

Author: Chief Justice

Bench: Ravi Malimath, Vishal Mishra

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                 CHIEF JUSTICE
                                                       &
                                      HON'BLE SHRI JUSTICE VISHAL MISHRA
                                          ON THE 15 th OF FEBRUARY, 2024
                                            WRIT APPEAL No. 231 of 2024

                          BETWEEN:-
                          M.P. WAQF BOARD THROUGH ITS CHIEF EXECUTIVE
                          OFFICER, TAJ CAMPUS, NEAR TAJUL MASZID, BHOPAL
                          DISTRICT BHOPAL (MADHYA PRADESH)

                                                                              .....APPELLANT
                          (BY SHRI MUKESH KUMAR AGRAWAL - ADVOCATE)

                          AND
                          1.    STATE OF MADHYA PRADESH THROUGH THE
                                COLLECTOR   RAISEN  DISTRICT  RAISEN
                                (MADHYA PRADESH)

                          2.    S U B DIVISIONAL OFFICER (REVENUE) TEHSIL
                                BARELI DISTRICT RAISEN (MADHYA PRADESH)

                          3.    TEHSILDAR TEHSIL     BADI DISTRICT RAISEN
                                (MADHYA PRADESH)

                          4.    JAITUN BEE W/O LATE NAWAB ALI, AGED ABOUT
                                80 YEARS, R/O BADIKALA TEHSIL BADI DISTRICT
                                RAISEN (MADHYA PRADESH)

                          5.    ANWAR ALI S/O LATE NAWAB ALI, AGED ABOUT
                                80 YEARS, R/O BADIKALA TEHSIL BADI DISTRICT
                                RAISEN (MADHYA PRADESH)

                          6.    ILYAS ALI S/O LATE NAWAB ALI, AGED ABOUT 49
                                YEARS, R/O BADIKALA TEHSIL BADI DISTRICT
                                RAISEN (MADHYA PRADESH)

                          7.    IRSHAD ALI S/O LATE NAWAB ALI, AGED ABOUT
                                40 YEARS, R/O BADIKALA TEHSIL BADI DISTRICT
Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 2/16/2024
7:00:28 PM
                                                       2
                                 RAISEN (MADHYA PRADESH)

                          8.     QURESH BEE D/O          LATE NAWAB ALI R/O
                                 BADIKALA TEHSIL         BADI DISTRICT RAISEN
                                 (MADHYA PRADESH)

                          9.     ANEESHA BEE D/O LATE NAWAB ALI R/O
                                 BADIKALA TEHSIL BADI DISTRICT RAISEN
                                 (MADHYA PRADESH)

                          10.    KANESA BEE D/O          LATE NAWAB    ALI R/O
                                 BADIKALA TEHSIL         BADI DISTRICT RAISEN
                                 (MADHYA PRADESH)

                          11.    JAITUN BEE D/O LATE NAWAB ALI R/O BADIKALA
                                 TEHSIL    BADI DISTRICT RAISEN (MADHYA
                                 PRADESH)

                          12.    NAFEESHA BEE D/O LATE NAWAB ALI R/O
                                 BADIKALA TEHSIL BADI DISTRICT RAISEN
                                 (MADHYA PRADESH)

                          13.    SHAHEED ALI S/O ZAHID ALI R/O BADIKALA
                                 TEHSIL   BADI DISTRICT RAISEN (MADHYA
                                 PRADESH)

                                                                                      .....RESPONDENTS
                          (SHRI AMIT SETH - DEPUTY ADVOCATE GENERAL FOR RESPONDENTS
                          NO.1 TO 3/STATE)

                                 This appeal coming on for admission this day, Hon'ble Shri Justice
                          Ravi Malimath, Chief Justice passed the following:
                                                             ORDER

Aggrieved by the order dated 21.11.2023 passed by the learned Single Judge in W.P. No.9765 of 2022 in directing the Tahsildar to execute the judgment and decree passed by the competent civil court, the respondent No.4 therein is in appeal.

2. The appellant's counsel submits that the judgment and decree passed by the competent civil court has since been executed by the Tahsildar.

3. In view of the submission made, we fail to understand as to how any

submission or how even this writ appeal is maintainable. Where the order of the Single Judge has been complied with and the judgment and decree has been executed, no relief could be granted to the appellant. The same is dismissed.

4. Pending interlocutory application is disposed off.

                                (RAVI MALIMATH)                                      (VISHAL MISHRA)
                                  CHIEF JUSTICE                                           JUDGE
                          THK