Chh HC | Can writ court decide whether Nazul property (lease hold lands) be dedicated for waqf? HC observes

Chhattisgarh High Court: A Division Bench of Prashant Kumar Mishra and Rajani Dubey JJ. disposed of the petition holding that Public Interest Litigation is not the appropriate approach to decide the lis.

 The instant public interest litigation has been filed by the petitioner seeking declaration/clarification of the legal position that the Nazul property (lease hold lands) cannot be dedicated for waqf for the reason that the lease land holder is simply a user and the ownership remains with the Government.

The Court observed that the writ Courts ordinarily do not decide abstract principles of law. If a proper lis is brought before the Court between the contesting parties on the given set of facts, the competent jurisdictional Court will decide the legal position.

The Court further observed that the Court cannot decide as to when a Hindu can execute a will or as to when and which property a Muslim can dedicate for waqf, in a PIL jurisdiction as such matters are decided in an individual petition.

The Court thus held the “PIL is disposed of reserving liberty in favour of the petitioner to agitate the issue in an appropriate lis, wherein, the subject issue is involved on the facts of the case.”

[Saiyad Iqbal Ahamed Rizvi v. State Of Chhattisgarh, WPPIL No. 28 of 2021, decided on 13-08-2021]


Arunima Bose, Editorial Assistant has reported this brief.


Appearances

For Petitioner Mr. Manoj Kumar Dubey

For State Mr. SC Verma and Mr. Sudeep Agarwal

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