Court Directs Petitioners to Seek Remedies Under the Waqf Act, 1995
In a significant ruling, the Allahabad High Court has dismissed a writ petition filed by devotees and caretakers of the Dargahs Hazrat Makhdoom Shah Meena Saheb and Hajiul Harmain Shah, seeking preservation and protection of the Dargah properties. The division bench, comprising Justices Alok Mathur and Amitabh Kumar Rai, held that such petitions are not maintainable at the behest of individual devotees or caretakers, as the Committee of Management is legally authorized to protect the rights and properties of Dargahs.
The petitioners argued that the Committee of Management failed in its duties to preserve the Dargah properties, compelling them to approach the court. They sought directives to prevent interference with religious activities and the removal of encroachments on Dargah lands. However, the court emphasized that only the Committee of Management could raise such issues, as they had previously filed a related writ petition (Writ-C No. 4460 of 2025) and a contempt application.
The court further noted the availability of a statutory remedy under the Waqf Act, 1995, specifically under Section 83, which allows "Mutwalli or any other person aggrieved" to address grievances regarding mismanagement and encroachment of Waqf properties. The court declined to exercise its power under Article 226 of the Constitution, directing the petitioners to pursue their grievances through the appropriate channels under the Waqf Act.
The judgment underscores the importance of following statutory procedures and remedies provided under specific legislative frameworks, in this case, the Waqf Act, for disputes concerning religious properties.
Bottom Line:
Writ petition by individual devotees for preservation of Dargah property not maintainable; statutory remedy under the Waqf Act, 1995 available for addressing grievances.
Statutory provision(s): Article 226 of the Constitution of India, Section 83(2) of the Waqf Act, 1995
Syed Baber Islam v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2911096
