The court refused to entertain a PIL seeking removal of illegal constructions affecting a specific well, dismissing the petition because the relevant Waqf Board was not included as a respondent.
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Court No. - 45
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2056 of 2021
Petitioner :- Mohd. Shamim Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Saiyad Iqbal Ahmed Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Sameer Jain,J.
The Court has been addressed through video conferencing.
Heard Sri Saiyad Iqbal Ahmed for the petitioner; learned Standing Counsel for the respondents 1 to 5; and have perused the record.
The prayer in this petition is to direct the respondents to remove illegal constructions carried out at Mohalla Qazipura, Ward No.10, Moradabad and to direct the respondent authorities to ensure that status quo is maintained in respect of the Well situated therein.
From the averments made in paragraphs 9 and 10 of the petition it appears that the land over which the disputed Well is located was owned by one Ameer Husain, who, during his lifetime, gifted the same for construction of Mosque which, according to the averments made in paragraph 10, is registered with U.P. Sunni Central Waqf Board, Lucknow with Registration No.1094.
Neither the concerned Waqf nor the U.P. Sunni Central Waqf Board, Lucknow is a party respondent in this petition.
Under the circumstances, we decline to entertain this public interest litigation and the same is dismissed accordingly.
Order Date :- 12.1.2022 AKShukla/-
Mohd. Shamim
State Of U.P.
Manoj Misra
Sameer Jain
As recorded by the court registry
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