- (1.) Heard Mr. S.H. Ibrahim, learned Counsel for the petitioners and Mr. Arif Khan, Senior Advocate, assisted by Mohd. Sadab Khan, appearing for opposite party No.5, Sri Q.H.Rizvi, learned counsel for U.P. Sunni Central Waqf Board and Sri Mustafa Hussain, Special Counsel for the State authorities.
(2.) Petitioners have approached this Court under Article 226 of the Constitution of India and has sought for a direction to the official respondent to allow them and followers of Sunni Barelvi Sect to offer Namaz behind their own Imam on the ground floor of the Gausia Masjid where they are observing Namaz since the day of establishment of the Mosque and restraint the opposite parties not to interfere in any manner in their religious activities. Further, petitioners have inter alia challenged the order dated 9.6.2009 passed by the Additional Superintendent of Police (City), Trans Gomti, Lucknow, contained in Annexure No.1 to the writ petition.
(3.) According to petitioners, one Sri Tajuddin, who died issueless, donated a portion of land for construction of a Mosque out of the joint property owned and possessed by him with Sri Ghaus Mohammad Khan, Gulam Mohammad Yar Mohammad and Dost Mohammad. During his lifetime, Sri Tajuddin executed a registered power of attorney on 17.9.1986 in favour of Sri Ghaus Mohammad Khan to manage and look after his properties as Mr. Tajuddin was residing at Kanpur. It is said that late Sri Ghaus Mohammad Khan was not fair in his management and was never accountable to Mr. Tajuddin, therefore, in order to safeguard the properties, he executed a registered Will Deed i.e. Waqf Bil Wasiat, on 30.6.1993.;