Lucknow, May 30 The Allahabad High Court has dismissed a plea that sought protection of land belonging to two dargahs located on the premises of King George's Medical University (KGMU) and alleged that activities undertaken by the KGMU administration were affecting the land.
A bench comprising Justices Alok Mathur and Amitabh Kumar Rai in Lucknow said that the petitioners, who are devotees, can move the Waqf Tribunal with their grievances.
The petition filed by Syed Babar Islam and another person sought protection of the land belonging to the shrines of Hazrat Makhdoom Shah Meena Sahib Dargah and Haji-ul-Harmain Shah Dargah on KGMU premises, removal of alleged encroachments and directions to prevent interference in religious activities.
During the hearing, the bench was informed that the dargah management committee had earlier approached the High Court regarding the same dispute.
In those proceedings, KGMU had stated that no damage was being caused to the dargah premises and that devotees faced no obstruction in visiting the shrines or offering prayers.
In its order, the court observed that the management committee is the legally authorised body to safeguard the dargah's property and rights.
It held that a person cannot seek relief concerning the overall protection and management of shrine property merely on the basis of being a devotee.
The bench further said that under Section 83(2) of the Waqf Act, 1995, not only a mutawalli but any aggrieved person may approach the Waqf Tribunal.
As an effective statutory remedy is available under the Act, the petitioners were at liberty to pursue their grievances before the tribunal, the court observed and dismissed the petition, holding it to be devoid of merit.
