- (1.) This writ petition under Article 226 of Constitution of India has been filed by Mahmood Hussain, sole petitioner, claiming himself to be Mutawalli of Waqf No. 2280, Masjid Garib Nawaz, Gram Churyani, District Fatehpur. He has prayed for a writ of mandamus, commanding respondent authorities to permit petitioner to offer Azan, Namaz and other religious activities in the premises of Masjid Garib Nawaz Waqf No. 2280 (aforesaid). It has also prayed for a writ of certiorari for quashing order dated 06.09.2017 (Annexure No. 7 to writ petition) passed by respondent-2, i.e. District Magistrate, Fatehpur, in the light of direction issues by this Court in Writ Petition No. 23406 of 2017 decided on 25.05.2017, rejecting application made by petitioner.
(2.) Learned counsel for parties stated that basic facts are not in dispute and issues raised in the present writ petition relate to basic tenets of Islamic Law in relation to Waqf, scope of relevant statute dealing with Waqf and, therefore, being purely legal may be decided at this stage, considering record of writ petition and, for that purpose, learned Standing Counsel did not propose to file any counter affidavit and advanced submissions orally. Learned counsel for petitioner has also stated at the Bar that he confines the writ petition in the matter of relief to the extent that a mandamus be issued to respondent authorities to permit petitioner to offer Azan, Namaz and other religious activities in the premises of Masjid, Garib Nawaz, Waqf No. 2280 in the light of Article 25 of the Constitution of India and order dated 06.09.2017, directing otherwise be set aside.
(3.) We have heard Sri Shitala Sahai holding brief of Sri Pavan Kumar Srivastava, learned counsel for petitioner and learned Standing Counsel for State-respondents.;