Decided on September 23,2005

Mosque Anjuman Ibadadgah Hanfia Appellant
STATE OF C.G. Respondents


L.C.BHADOO,J. - (1.) The Petitioners have preferred this writ petition under Article 226/227 of the Constitution of India with a prayer that Respondents be directed to open the lock put on the entrance gate of the mosque in question by Respondent No. 3 and to permit the Petitioners and all members of Muslim community to offer prayer, as they have been doing so since last 40 years.
(2.) The Petitioner's petition is that the Petitioner No. 1 is an unregistered Wakf and the land on which the mosque in question is standing belongs to the Petitioner No. 1 and rest of the Petitioners and almost all the residents of Muslim community are offering prayer (Namaz) since 1963 within the premises of the said mosque. The land on which the mosque is standing was gifted by an oral gift which is called Hibba by late Dr. Abdul Gani Sahed to Muslim community of village Charoda, District Durg and since then the Muslim community is offering prayer in the mosque in question. Respondent No. 3 is also a Muslim and he took a snap decision to put lock on the entrance gate of the mosque in question on 2-8-2004. Respondent No. 3 by making a false declaration and without noticing the Petitioner No. 1 gat the land along with mosque in question registered in his name. A map showing the place of prayer since 1963 is marked as A. B. C. D. vide Annexure-P/2. The mosque in question has separate electricity connection and meter. Respondent No. 3 filed a civil suit for eviction of one of the tenants namely Ashok Kumar Choudhary. The only ground for eviction taken by Respondent No. 3 was that he wants to gift the shop to the Petitioner No. 1 i.e. Masjid.
(3.) Return has been filed on behalf of Respondent No. 3 in which it has been mentioned that the alleged mosque is not a mosque now but a dismantled area, since Respondent belongs to Tabliki Jamat while the Petitioners belong to Hanifia Jamat. The property or mosque alleged is personal property of the Respondent No. 3, hence no question of opening the lock, as prayed for. The Petitioners have no locus standi to bring this petition. The Petitioners have never offered any prayer as public Wakf, therefore, no legal right has been ever accrued to any Petitioner. The land does not belong to the Petitioner No. 1 since no documents have been filed, but admittedly, it belongs to Respondent No. 3 as mentioned in para-11 of Annexure-P/6. There is distinction between the private Ibadatgah and public Ibadatgah. The Petitioners are offering prayer in another big masjid situated in the same area of Charoda, Bhilai, which is made for Hanifia Jamat. The fact of oral gift is denied. This is denied that the Petitioners are offering prayer since 1963. Oral gift is not admissible. The whole land mentioned in Annexure-P/2 is not the property of Respondent No. 3 as admitted that it is the property of Respondent No. 3 in Annexure-P/6 at para-11. Ultimately, it has been prayed that the writ petition be dismissed.;

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