RAJA KHAN versus U.P. SUNNI CENTRAL WAQF BOARD & ANR.

RAJA KHAN versus U.P. SUNNI CENTRAL WAQF BOARD & ANR.

The Allahabad Bench of the High Court did not have territorial jurisdiction over the land at Bahraich, the writ petition was not maintainable as against a private body, and the Single Judge's interim orders effectively granted the final relief and were passed on extraneous considerations. The Division Bench correctly set aside the interim orders.

Parties
Petitioner: Raja Khan; Respondent: U.P. Sunni Central Waqf Board; Respondent: Committee of Management, Waqf No. 19, Dargah Sharif, Bahraich; Respondent: District Magistrate, Bahraich
Jurisdiction
India
Judgment Date
26 November 2010
Procedural Posture
Special Leave Petition (civil) / Supreme Court Order on SLP Challenging Division Bench Judgment Setting Aside Interim Orders of Single Judge
Outcome
Special Leave Petition dismissed.
Legal Topics
Writ Jurisdiction, Territorial Jurisdiction, Interim Orders, Administration of Justice
Constitutional Law Civil Procedure Writ Jurisdiction Territorial Jurisdiction Interim Orders Administration of Justice

Case Brief

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Parties

Raja Khan

Petitioner

U.P. Sunni Central Waqf Board

Respondent

Committee of Management, Waqf No. 19, Dargah Sharif, Bahraich

Respondent

District Magistrate, Bahraich

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Order on SLP Challenging Division Bench Judgment Setting Aside Interim Orders of Single Judge

Legal Issues

  1. 1 Whether the Allahabad Bench of the High Court had territorial jurisdiction to entertain the writ petition regarding land in Bahraich
  2. 2 Whether it was proper for a Single Judge to grant final relief by interim order in a writ petition
  3. 3 Whether a writ petition is maintainable against a private body like a Waqf committee

Ratio Decidendi

The Allahabad Bench of the High Court did not have territorial jurisdiction over the land at Bahraich, the writ petition was not maintainable as against a private body, and the Single Judge's interim orders effectively granted the final relief and were passed on extraneous considerations. The Division Bench correctly set aside the interim orders.

Court Disposition

Special Leave Petition dismissed.

Orders

  • Division Bench judgment setting aside interim orders of Single Judge is upheld.
  • No merit found in the petition; it is accordingly dismissed.