Full Judgment
W.P.NO.22021/12 04-01-2013 Shri Ahadulla Usmani, learned counsel for the petitioner.
Shri Samim Rahman for the caveator/respondent Nos.3 and 4 The petitioner has filed this writ petition challenging the show cause notice Annexure P-1 dated 13-12-2012, issued by the respondent no.2 M.P.Waqf Board.
Shri Samim Rahman appearing for respondent Nos.3 and 4 submits that at present only a show cause notice under Section 54 of the Waqf Act, 1995 has been issued and the petitioner instead of showing cause and raising objections before the competent authority has rushed to this court directly.
Even though Shri Usmani, learned counsel for the petitioner has tried to emphasize that a show cause notice has been issued contrary the requirement of Section 54 of the Waqf Act, but the fact remains that for the present only a show cause notice is issued and even in a public interest litigation, the Division Bench of this court has given liberty to the Waqf Board to decide the dispute after holding proper procedure.
Considering the nature of dispute and as at present only a show cause notice is issued , the petitioner can raise all the grounds before the competent authority who has issued a show cause notice, it is not appropriate for this court to interfere.
That apart the petitioner also has statutory remedy of appeal before the Tribunal, therefore, I see no reason to interfere at this interlocutory stage when only a show cause notice is issued.
Granting liberty to the petitioner to raise all the objections which may be permissible in 2 reply to the show cause notice and finding no case for interference at this stage the petition is dismissed.
Accordingly, with the aforesaid liberty, the petition stands dismissed.
(RAJENDRA MENON) JUDGE hsp