Satyanarayan Rout vs Bhawanipatna Mosque
2025 Latest Caselaw 7952 Ori

Orissa High Court

Satyanarayan Rout vs Bhawanipatna Mosque on 8 September, 2025

Bench: K.R. Mohapatra, Savitri Ratho

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                WP(C) No. 608 of 2012
                 1. Satyanarayan Rout
                 2. Basudev Sahani
                 3. Kumuda Chandra Sahani
                 4. D. Jagulal Agarwal
                 5. Bedprakash Das                     ....             Petitioners

                                                                            None
                                           -versus-
                 1. Bhawanipatna Mosque
                 2. Orissa Board of Wakf               ....      Opposite Parties

                                             Mr. Arun Kumar Mishra, Advocate
                                                     (for Opposite Party No.1)
                                                       Mr. Md. Fayaz, Advocate
                                                       (for Opposite Party No.2)
            CORAM:
                           JUSTICE K.R. MOHAPATRA
                            JUSTICE SAVITRI RATHO
                                          ORDER

08.09.2025 Order No.

06. 1. This matter is taken up through hybrid mode.

2. Petitioners in this writ petition seeks to assail the judgment dated 31st December, 2011 passed by the learned Presiding Officer, Wakf Tribunal, Cuttack in Case No. WT(O)/OA-03 of 2010 (Annexure-1) wherein the suit land was declared to be the wakf property and it is held that the Defendant Nos. 1 to 5 (Petitioners herein) have no right, title and interest over the same. They were also permanently injuncted from entering into and interfering with the peaceful possession of the Plaintiff- Mosque over the suit property. The defendants were directed to remove the encroachments, failing which the Wakf Board was

given the liberty to file requisition to the Collector to recover the wakf property and remove encroachments of the suit land. The Petitioners also assail the order dated 26th December, 2011 (Annexure-2) passed by the Wakf Tribunal in an application filed by the present Petitioners under Order-7 Rule-11 of the CPC to reject the plaint in the aforesaid OA.

3. Order-sheet discloses that notices were issued by this Court on 10th January, 2012 and an interim order was passed staying operation of the judgment dated 31st December, 2011 (Annexure-1). Subsequently, the writ petition was dismissed vide order dated 13th July, 2022 due to non-appearance of the Petitioners. However, the writ petition was restored to file vide order dated 18th August, 2025 passed in CMAPL No.630 of 2022 and the matter has been posted today for hearing.

4. None appears for the Petitioners at the time of call.

5. In that view of the matter, the writ petition stands dismissed for non-prosecution.

6. It is made clear that the interim order dated 10 th January, 2012 passed in Misc. Case No.453 of 2012 is not operating in the writ petition.

(K.R. Mohapatra) Judge

(Savitri Ratho) Judge RKS