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Wakf Maszid Chandni And Others v. State Of U.P. And Others - WRIT - C No. 3668 of 2006  RD-AH 1793 (23 January 2006)
Civil Misc. Writ Petition No.3668 of 2006
Waqf Maszid Chandni & Ors.
State of U.P. & Ors.
Hon'ble Dr. B.S. Chauhan, J.
Hon'ble Shishir Kumar, J.
This writ petition has been filed for quashing the impugned orders dated 29.12.2005 (Annex.10) passed by the District Magistrate, Moradabad and the compromise dated 12.02.2004 (Annex.4), for a direction that the property in dispute belongs to Waqf Masjid Chandni in village Munimpur, Post Sharif Nagar, District Moradabad and to restrain the respondents from harassing the petitioners or other persons belonging to Muslim community to offer Namaz in the said mosque.
Earlier, petitioners had approached this Court by filing a writ petition which was disposed vide order dated 08.04.2005 with a direction that as the matter required investigation as well as maintaining the law and order, it would be desirable that the District Magistrate might have a preliminary investigation in respect of the disputed question of fact regarding the existence of mosque in nature and status and the right of other person to offer Namaz therein. In pursuance of the aforesaid order, the order impugned has been passed.
We have heard Shri R.K. Khanna, learned counsel for the petitioners and Shri C.K. Rai, learned Standing Counsel appearing for the respondents.
It has been submitted by Shri Rai that the petition raises disputed question of fact and so far as the legal rights are concerned, neither the order passed by this Court earlier nor the order of the District Magistrate in pursuance of the order passed by this Court earlier, create any legal right in favour of either of the parties. As the District Magistrate has recorded a finding against the present petitioners, it is not desirable for this Court to set in appeal against the said finding. The parties should be left with the option to approach the Civil Court or any other forum for declaration of their rights.
In view of the fact that the petition raises disputed questions of fact, we are not inclined to interfere in the matter. Petition is dismissed with liberty to approach the appropriate forum for appropriate relief.
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