The High Court of Judicature at Allahabad dismissed a Public Interest Litigation filed by a third party concerning alleged encroachment on mosque land, holding it was not maintainable since mosque management was controlled by persons capable of handling the land.
The petition was dismissed as it was not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Chief Justice's Court Serial No. 318
**HIGH COURT OF JUDICATURE AT ALLAHABAD *****
PUBLIC INTEREST LITIGATION (PIL) No. - 23206 of 2017
Aijaz Ahmad Makrani .....Petitioner
Through :-Mr. Byas Kumar Prasad, Advocate, holding brief of Mr. Afshan Shafaut, Advocate
v/s
State of U.P. and others
.....Respondent
Through :-Mr. A.P. Paul, State Law Officer for respondents no. 1 to 4, Mr. Mohammad Mustafa, Advocate for respondent no. 5 CORAM :HON'BLE RAJESH BINDAL, CHIEF JUSTICE HON'BLE PIYUSH AGRAWAL, JUDGE
ORDER
The issue sought to be raised in the present petition, claimed to be filed in public interest, is that the land of Mosque in the area is being encroached upon.
It is not in dispute that the management of the Mosque is controlled by certain persons, who are capable of taking care of the land owned by the Mosque, hence a public interest litigation filed by a third party does not deserve to be entertained.
Dismissed accordingly.
(Piyush Agrawal, J.) (Rajesh Bindal, C.J.)
Allahabad 02.03.2022 Manish Himwan
Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No
1 issue framed by the court
Whether a PIL filed by a third party regarding encroachment on mosque land is maintainable when the management is controlled by persons capable of taking care of the land.
Aijaz Ahmad Makrani
State of U.P.
Rajesh Bindal
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
