Dr. Sayed Aamir -Ul-Haq S/O Late ... vs Rajasthan Board Of Muslim Wakf
2021 Latest Caselaw 5647 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 10441/2021

Dr. Sayed Aamir -Ul-Haq S/o Late Mr.inam-Ul-Haq Shah, Aged
About 47 Years, Sajjdanashin Mutwalli Khanqah Dargah Ghulam
Mohd. Shah Sahib @ Miskeen Shah Sahab, R/o Baitul Fazal,
2527, Agra Road,jaipur (Raj.)
                                                                      ----Petitioner
                                     Versus
1.     Rajasthan Board Of Muslim Wakf, Jaipur Through Chief
       Executive Officer, Jyotinagar,jaipur
2.     Zulfiquar-Ul-Haq S/o Late Mr. Inam-Ul-Haq, Aged About
       49 Years, R/o Baitul Fazal 2527,agra Road, Jaipur-
       302003(Raj.)
3.     Farzana Anwar W/o Late Mr. Anwar- Ul-Haq, Aged About
       57 Years, R/o Baitul Fazal 2527, Agra Road, Jaipur-
       302003(Raj.)
4.     Sami- Ul-Haq S/o Late Mr. Anwar- Ul-Haq, Aged About 31
       Years,       R/o    Baitul-Fazal          2527,        Agra     Roadjaipur-
       302003(Raj.)
5.     Rafay-Ul-Haq S/o Late Mr.anwar-Ul-Haq, Aged About 26
       Years,     R/o     Baitul-Fazal         2527,       Agra      Road   Jaipur-
       302003(Raj.)
6.     Paiker Haq D/o Late Mr.anwar-Ul-Haq, Aged About 28
       Years,     R/o     Baitul     Fazal      2527,       Agra     Road   Jaipur-
       302003(Raj.)
7.     Ahsan - Ul-Haq S/o Late Mr.ikram -Ul-Haq, Aged About 75
       Years,       R/o        Baitul       Fazal2527,agra            Road,jaipur-
       302003(Raj.)
                                                                   ----Respondents

For Petitioner(s) : Mr. Prakash Chand Jain Ms. Kriti Jain For Respondent(s) : Mr. Abhinav Sharma

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

20/10/2021

(2 of 3) [CW-10441/2021]

This writ petition has been filed by the petitioner with the

following prayers;

"It is therefore humbly been prayed that this Hon'ble court be pleased to allow the said Writ Petition thereby restraining the illegal construction raised by the respondent no. 2 to 7 in connivance with the respondent no. 1, order be passed by this Hon'ble court for the appointment of commissioner in order to present the actual status before this court and in the meantime the illegal construction which are raised be directed to be demolished. Cost be allowed in favour of the petitioner and pass such other order , direction etc. which are in favour of the petitioner and in the interest of justice".

In the earlier round of litigation, a suit was filed by the

forefathers of the parties before the Wakf Tribunal (Jaipur) bearing

No. 73/2001 which was decided vide judgment and decree dated

18.04.2002.

Being aggrieved by the judgment and decree dated

18.04.2002, the decree holder filed S.B. Civil Writ Petition No.

8531/2010 and Rajasthan Muslim Wakf Board also filed writ

petition No. 5235/2004 against the judgment and decree dated

18.04.2002 and both the writ petitions are still pending before this

Court.

Learned counsel for the petitioner submits that status quo

order has been passed by this Court in the writ petition filed by

the petitioner on earlier occasion in S.B. Civil Writ Petition No.

8531/2010.

A bare perusal of the prayer made by the petitioner in this

writ petition clearly shows that highly disputed questions of fact

are involved in this writ petition as to whether the respondents are

going with construction on the disputed property in a lawful

manner or not. These questions of fact cannot be decided in the

(3 of 3) [CW-10441/2021]

present writ petition as the petitioner is having an alternative

remedy of filing suit before the Wakf Tribunal or filing second stay

application in the pending writ petition.

The Hon'ble Supreme Court in the matter of Uttar Pradesh

Power Transmission Corporation Ltd. & Anr. Vs. CG Power

and Industrial Solutions Ltd. & Anr. Reported in (2021) 6 SCC

15 in Para-69 has held as under:

"69. It is now well settled by a plethora of decisions of this Court that relief under Article 226 of the Constitution of India may be granted in a case arising out of contract. However, the writ jurisdiction under Article 226, being discretionary, the High Courts usually refrain from entertaining a writ petition which involves adjudication of disputed questions of fact which may require analysis of evidence of witnesses. Monetary relief can also be granted in a writ petition".

In that view of the matter, the present writ petition is

dismissed.

(INDERJEET SINGH),J

CHETNA BEHRANI /126

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