The Lucknow bench of the Allahabad High Court on Friday dismissed a petition that sought the protection of land belonging to the shrines of Hazrat Makhdoom Shah Meena Sahib Dargah and Haji-ul-Harmain Shah Dargah, both located within the premises of the King George's Medical University (KGMU). The petition had also called for the removal of alleged encroachments and directions to prevent interference in religious activities at these sites.
Petitioners' Contentions
The division bench, comprising Justice Alok Mathur and Justice Amitabh Kumar Rai, passed the order on a petition filed by Syed Babar Islam and another individual. The petitioners argued that the properties attached to the two dargahs were not being adequately protected. They alleged that portions of the land had been encroached upon and that activities undertaken by the KGMU administration were adversely affecting the dargah land. The petitioners sought directions to restrain any interference with religious and cultural practices, removal of alleged encroachments, and protection of the properties.
Court's Observations
During the hearing, the bench was informed that the dargah management committee had previously approached the High Court regarding the same dispute. In those earlier proceedings, KGMU had stated that no damage was being caused to the dargah premises and that devotees faced no obstruction in visiting the shrines or offering prayers. In its order, the court observed that the management committee is the legally authorised body to safeguard the dargah's property and rights. It held that a person cannot seek relief concerning the overall protection and management of shrine property merely on the basis of being a devotee.
Statutory Remedy Available
The bench further clarified that under Section 83(2) of the Waqf Act, 1995, not only a mutawalli but any aggrieved person may approach the waqf tribunal. As an effective statutory remedy is available under the Act, the petitioners were at liberty to pursue their grievances before the tribunal. With these observations, the court dismissed the petition, holding it to be devoid of merit.
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