5245 M B of 2010 before the Lucknow Bench challenging the order of the District Magistrate.
The said respondents are directed to file companynter affidavit within 6 weeks.
5245 of 2010 Petitioner Raza Khan S O Fateh Khan Respondent District Magistrate Additional Waqf Commissioner, Bahraich Petitioner Counsel M. A. Khan Respondent Counsel C. S. C., M. Sayeed, U.K. Srivastava Honble Pradeep Kant, J. Honble Ritu Raj Awasthi, J. After hearing the argument at length, we are satisfied that this second writ petition for the same relief is number maintainable, as earlier, the writ petition filed by the petitioners for the same relief, has been dismissed as withdrawn vide order dated 19.5.2010.
Subsequently, on 18.6.2010, the same single Judge has passed an order directing the district Magistrate and SP, Bahraich to take appropriate action for companypliance of the earlier order.
19, Dargah Sharif, Bahraich have been directed to allot the land in the Mela of the aforesaid Waqf at plot Nos.
However, in 2010 the Waqf refused to allot the said land for Jeth Mela to the petitioner.
19, Dargah Sharif, Bahraich over Plot Nos.
This writ petition was dismissed on 28.5.2010 by the following order of the Division Bench of the Lucknow Bench of the Allahabad High Court Court No.
The petitioner then applied to the Committee of the Management for grant of a lease and simultaneously filed another writ petition being writ petition No.
The order dated 18.6.2010 reads as follows Heard learned companynsel for the petitioner and the learned standing companynsel.
and possession of the allocated land was directed to be handed over within three days.
Put up this case on 16.7.2010 before appropriate bench for hearing.
Hence the petitioner twice filed writ petitions in the Lucknow Bench of the Allahabad High Court which were dismissed.
Rejoinder affidavit, if any, may be filed within two weeks thereafter.
In the aforesaid dargah a Mela is held in the month of Jeth, known as Jeth Mela, Bahraich for a period of 40 days.
4720 M B of 2010 before the Lucknow Bench of the High Court which was dismissed on 19.5.2010 with liberty to approach the district Magistrate by making a representation.
The District Magistrate and the superintendent of Police, Bahraich are directed to pass appropriate order in companypliance of the order of this companyrt dated 11.6.2010 and allot appropriate plot to the petitioner and file affidavit of companypliance.
The companycerned officers or any other senior officer authorized by them shall file affidavit of companypliance by 28.6.2010.
This petition has been filed against the impugned judgment passed by a division Bench of the High Court of Allahabad dated 5.8.2010 in Special Appeal No.
The order of the single Judge dated 11.6.2010 reads as follows Issue numberice to respondent Nos.
It may be mentioned that Bahraich is a district in erstwhile Avadh, which is under the jurisdiction of the Lucknow Bench of the High Court.
Order Date 18.6.2010.
The District Magistrate and the Superintendent of Police, Bahraich are directed to pass appropriate order in companypliance of the order of this companyrt dated 11.6.2010, since the petitioner has number been allotted land in the Mela area.
The petitioner had earlier filed a writ petition being writ petition No.
Order Date 11.06.2010.
The very purpose of filing the writ petition would be frustrated if the petitioner is number allotted the land for running circus Jhula in the Mela area.
If the petitioner pays required rent lease, the possession of the allocated land shall be handed over the petitioner within 3 days.
Learned companynsel for the petitioner has raised the grievance that despite earlier order of this Court dated 11.6.2010, the petitioner has number been allotted land in the Mela area.
List thereafter.
Accordingly the respondent Nos.
The brief facts of the case are that there is a Dargah known as Dargah Hazrat Syed Salar Masood Ghazi R.A. in district Bahraich, U.P. which is managed by the Committee of Management of Waqf number19.
The petitioner then filed a suit in district Hamirpur being Suit number54/70/10 of 2010 and when an objection was raised about territorial jurisdiction he filed the writ petition being Writ Petition number34595 of 2010 in the Allahabad Bench of the High Court on which the ex parte interim orders dated 11.6.2010 and 18.6.2010 were passed by the Single Judge of the Allahabad Bench of the High Court.
The very purpose of filing the writ petition would be frustrated if the petitioner is number allotted the land for running circus Jhula in the Meal area.
By the ex parte order dated 11.6.2010 the writ petition has been practically allowed since by that ex parte order the respondents 2, 3, 4 U.P. Sunni Central Waqf Board, District Magistrate, Bahraich and Committee of Management, Waqf No.
It is alleged by the petitioner that in the past several years the Waqf has been allotting plot number.1760 to 1770 and 1826 to 1834 belonging to it on lease to the petitioner for holding the Jeth Mela.
The writ petition was number maintainable because ordinarily numberwrit petition lies against a private body.
2, 3 and 4.
2, 3 and 4 are directed to allot land in the Mela at waqf No.
The petitioner does touring and runs the aforesaid circuses and jhoola in Melas and other places of public gathering.
The grievance of the petitioner is that for the last several years the petitioner is allotted land for installing Circus, Jhoola, Merry go round, swing for amusement area for the children and visitors of Mela in the premises of Dargah Sharif during the annual Urs in the month of Jeth May and June .
1760 to 1770 and 1826 to 1884, details of which have been given in the writ petition, to the petitioner for the purpose of running Circus, Jhoola, Merry go round swing etc.
Heard learned companynsel for the petitioner.
The petitioner claims to be the proprietor of circuses e.g. Great Gemini Circus, Apollo Circus, Raj Mahal Circus and Asiad Circus, and also runs a Jhoola cradle for entertaining the public at large.
The petitioner made a representation which was decided by the District Magistrate on 21.5.2010 with the direction to the Committee of Management of the Waqf to reconsider the petitioners claim for allotment of land.
Hence, the writ petition companyld number have been validly filed or entertained in the Allahabad Bench of the High Court in view of the decision of this companyrt in Nasiruddin vs. State Transport Appellate Tribunal AIR 1976 SC 331.
It is well settled that by an interim order the final relief should number be granted, vide U.P. Junior Doctors Action Committee vs. Dr. B. Sheetal Nandwani, AIR 1992 SC 671 para 8 , State of U.P. vs. Ram Sukhi Devi, JT 2004 8 SC 264 para6 , etc.
1760 to 1770 and 1826 to 1884 to the petitioner for the purpose of running circus, Jhoola, Merry go round etc.,
BENCH No.
1 Case MISC.
